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Find out more about Michael A.: Mike DeVine was a trial lawyer for over 13 years and currently works in corporate legal and as a freelance writer. DeVine maintains a blog at RedState, is Legal Editor for Race42008 and The Minority Report and continues to publish columns in several major newspapers. |

“The power to tax is the power to destroy.” – Daniel Webster (at right) and Chief Justice of the United States John Marshall (1819)
Both the U.S. and North Carolina Constitutions allow governments to exercise the right of “eminent domain” to take one’s private property for public use. Those same constitutions also require that government takers justly compensate the former owner. A jury trial may be had on the issue.
Given the tea party cry of no taxation without representation that defined the founding of the nation, one would think that private property was thus secured.
Not when Democratic Party controlled Mecklenburg County Commissioners lick their chops to reassess the un-popped bubble of appraised values of Queen City land that lag behind the popped housing/credit crunch bubble spewed across the whole of the The Fruited Plain.
Property taxes here were last appraised in 2003. Applicable law requires they be reappraised only once every eight years. So what's the hurry? Do the liberal Democrats want to take advantage of property owners before the bubble totally bursts?
For months, Republicans, both official and civilian, have begged the government to delay the previously scheduled for January 2009 property re-evaluations. During the past decade Charlotte has led the nation in the Housing boom, and especially as regards property value increases. And while values have been falling over the past year, numerous properties remain valued too high for their owners to be able to afford the high taxes such valuations would produce.
Of course, if one cannot pay their property taxes, the government can force a sale of the property to collect. No jury can protect you.
The fact is that no one ever really owns their property if the government perpetually charges taxes for the right to keep it.
The Founding Fathers considered the right to private property the sine qua non civil right to ensure Liberty.
Want some change to believe in?
How about some Democrats change their tune after their 6 p.m. Monday public meeting at Saint Paul Baptist Church and delay property assessments until housing prices hit bottom?
What’s the hurry Democrats? Need to build another light rail line against the wishes of We the People?
Mike DeVine’s Charlotte Observer and Minority Report columns