[Durham INC] "Property Owners Protection Act" -- House Bill 652 -- doesn't protect Durham County neighborhoods

[Ed Harrison]

Just when we'd thought we'd heard every bad idea...

House Bill 652, will have its first public hearing in the State House  
Judiciary Subcommittee A, tomorrow at 1 PM. (Room 1327 if you happen  
to be in the Legislative Building).

Our Representative Larry Hall is on this Subcommittee, and could use  
encouragement to oppose this bill.

This is a link to the text: http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2011&BillID=h652&submitButton=Go

The NC League of Municipalities' analysis shows that the bill:

       Requires attorneys’ fees for any property owner who is  
successful in challenging the municipality’s interpretation of a  
statute, rule or regulation, regardless of the situation and the  
impact on other citizens.

       Limits a municipality’s ability to amend zoning ordinances.

       Eliminates the ability of a municipality to pursue prior owners  
and third parties in enforcement actions (ie. against polluters,  
contractors violating city ordinances, etc.)

League staff point out: "Granting overly broad ‘rights’ to an  
individual property owner (an Adult Entertainment establishment, for  
example) limits the municipality’s ability to protect the overall  
quality of life and property values of the majority of property owners  
and the community in general."

Based on posts to this list over the years, many of us should be  
concerned about the third point above, in particular.

Ed Harrison
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