The concept of “eminent domain” has been in the news a lot the last two years. Eminent domain basically is a legal concept that allows government to take property — if it “needs” the land. Eminent domain’s limitations once were understood by governments. Citizens also accepted the concept of taking land for the public good. If we needed a highway or building, then the government paid the owners “fair market value” for their property.
However, eminent domain was changed February 2005 when the City of New Bedford, Conn., in a deep economic slump, said it would claim 90 acres in a residential area that included 115 houses and stores. The city had a plan from a private company to build a shopping center and offices at that neighborhood — with the city’s coffers to receive a boost in future taxes and new jobs. However, 15 homeowners, including one little old lady, Susette Kelo, wouldn’t sell out because they didn’t want to move.
The case eventually wound its way through the courts and, regrettably, in Kelo vs. City of New London, Americans lost our right to keep property out of government clutches. The U.S. Supreme Court decided “eminent domain” now means governments can claim property that later will benefit private businesses, not just the general public. Most citizens were outraged at this ruling.
In North Carolina, we have a similar situation, with the U.S. Navy playing the bullying role and citizens in Beaufort and Washington counties the role of Ms. Kelo, along with anglers and enviromentalists who don’t want the Navy to build a 600-square-mile sonar-listening range in the Atlantic Ocean.
The Navy basically has ignored objections of its plan to claim 30,000 acres of farm land for an Outlying Landing Field (practice strip for carrier jets), even though flights would be dangerous for pilots (too many waterfowl causing collisions with jets), a major national waterfowl refuge likely would be ruined — not to mention citizens’ reluctance to sell their birthrights.
Meanwhile at the coast, the Navy says it needs to put sonar devices on the ocean floor to detect diesel-powered submarines of “the enemy” that can avoid regular radar. This huge swath of ocean contains some of the richest fishing grounds off the N.C. coast. Not only that, the Navy’s not sure (and scientists aren’t certain) that sonar tests don’t whack the bejeebers out of whale/dolphin internal organs, causing them to beach themselves.
Many whale beachings occurred the last few years. Upon examination, these sea-going mammals seemed healthy. But the beachings had one thing in common — nearby Navy sonar tests.
The NO OLF group (see Newsbreaker in this issue) held a May rally in Raleigh. Politicians (Democrats) showed up, mostly to score points against the opposition (Republicans). One Republican, however, did get it right, railing at his own party’s two state senators, Elizabeth Dole and Richard Burr, who have no references at their web sites to the Navy’s OLF plan, although irate, fearful N.C. citizens and politicians have pleaded for help from these senators.
The Navy could take a sensible course and solve its problems by putting the OLF where no one objects and placing its sonar-listening range at a less-sensitive ocean area.
Will that happen? Only time — and the next election — will tell.
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