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The Battle Of Brandy Creek: How One Black Community Fought Annexation, Tax Revaluation, And Displacement, Mark Dorosin Jan 2021

The Battle Of Brandy Creek: How One Black Community Fought Annexation, Tax Revaluation, And Displacement, Mark Dorosin

Journal Publications

The Brandy Creek community is a working class, Black neighborhood located just east of I-95, south of Weldon, North Carolina.' In 2005, this rural neighborhood and its surrounding land were legislatively annexed into the city of Roanoke Rapids as part of a planned economic development project. The decision to pursue legislative annexation allowed city officials to bypass the statutory notice and municipal service requirements of a city-initiated, involuntary annexation. Residents were never informed of Roanoke Rapids' intent to annex the community and had no opportunity to voice their opinions on the issue to town officials. In fact, the community first …


Does The National Forest Service Have Authority To Grant Rights-Of-Way Under The Mineral Leasing Act Through National Forest Lands Traversed By The Appalachian Trails, Robert Abrams Jan 2020

Does The National Forest Service Have Authority To Grant Rights-Of-Way Under The Mineral Leasing Act Through National Forest Lands Traversed By The Appalachian Trails, Robert Abrams

Journal Publications

Atlantic Coast Pipeline, LLC, proposed construction of a natural gas pipeline stretching from West Virginia to North Carolina. The route approved by the Federal Energy Regulatory Commission included a section running across National Forest System land, including the point at which the pipeline would cross the Appalachian National Scenic Trail (ANST). After initial objections, the U.S. Forest Service reversed course and issued the needed right-of-way across National Forest System lands. Environmental groups objected and a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously held that the Forest Service had acted arbitrarily and capriciously thereby violating …


Beware Of Wooden Nickels: The Paradox Of Florida's Legislative Overreaction In The Wake Of Kelo, Ann Marie Cavazos Jan 2011

Beware Of Wooden Nickels: The Paradox Of Florida's Legislative Overreaction In The Wake Of Kelo, Ann Marie Cavazos

Journal Publications

This article addresses Florida's reaction to the United States Supreme Court decision in Kelo v. City of New London. In Kelo, the Court provided a more expansive view of "the public use" of the Fifth Amendment Takings Clause to include taking property from one private owner and transferring it to a corporation or non-private citizen when the transfer is deemed by the lawmakers to be in the public good or for a public purpose. Florida, together with several other states, concluded that such eminent domain takings, while constitutionally permissible, offend the states' sense of fair play as it relates to …


Planning Without Prices: The Taking Clause As It Relates To Land Use Regulation Without Compensation [Review Of Book Edited By Bernard H. Siegan], Robert H. Abrams Jan 1978

Planning Without Prices: The Taking Clause As It Relates To Land Use Regulation Without Compensation [Review Of Book Edited By Bernard H. Siegan], Robert H. Abrams

Journal Publications

This volume presents a series of papers delivered in 1975 at a conference entitled "The Taking Issue: An Economic Analysis." It is prefaced with an essay by Professor B. H. Siegan, the chairperson of the conference. The central paper, by M. Bruce Johnson, decries the present practice of land use regulation without compensation as "Planning Without Prices." Several distinguished commentators, both legal and economic, comment on Johnson's position. This review will examine some of the major topics discussed in the volume and raise a few objections to its analysis.