- John Locke and our nation’s Founders all centered the protection of property rights as a key reason for the creation of governments
- Eminent domain abuse continues to threaten property rights
- North Carolina is particularly vulnerable to such abuse and should strengthen protections of property rights
Perhaps the greatest political science lesson ever taught can be found in the Declaration of Independence:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”
Here our nation’s Founders plainly explain the proper role of government: securing the rights to life, liberty, and the pursuit of happiness.
While not explicitly stated, it is well known that the right to property is implicit in the phrase “pursuit of happiness.” Indeed, the Virginia Declaration of Rights, written just a month prior to the Declaration of Independence, listed as inherent rights to be protected by government “the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety” (emphasis added).
This idea is largely attributed to philosopher John Locke, who wrote in his “Second Treatise of Government” that governments are formed so that the people can “join in society with others, who are already united, or have a mind to unite, for the mutual preservation of their lives, liberties and estates, which I call by the general name property.”
More specifically, Locke wrote, “The great and chief end, therefore, of men’s uniting into commonwealths, and putting themselves under government, is the preservation of their property.”
Locke further argued that “political power” is a power handed to the government by society “with this express or tacit trust, that it shall be employed for their own good and the preservation of their property.”
With this backdrop in mind, it is fair to say that Locke and the Founders would be appalled by government actions that — instead of protecting its citizens’ property rights — violate those rights.
Eminent domain abuse is one such violation.
Last year marked the 20th anniversary of the landmark U.S. Supreme Court decision Kelo v. New London. In that case, homeowner Susette Kelo objected to her home being seized against her will by the town of New London, Connecticut, under the guise of “public use,” even though the town was taking her property to benefit a private corporation.
The Supreme Court ruled against Ms. Kelo in a decision that sparked national outrage. Despite the Takings Clause in the Fifth Amendment to the U.S. Constitution, which states “nor shall private property be taken for public use without just compensation,” the Supreme Court nevertheless asserted that the clause does not prohibit such a transfer when it serves a “public purpose” like promoting economic development.
Riding the wave of that outrage, 45 states enacted some form of legislative changes to address eminent domain abuses. Some states changed their statutory laws, while other states amended their constitutions. Unfortunately, however, many of these changes were watered down or too vague to provide effective protection.
In North Carolina, despite several bills being introduced over the past two decades to strengthen statutory or constitutional protections against eminent domain powers, no changes have been made.
Current North Carolina law allows for eminent domain takings for “public use or benefit,” which can readily be interpreted to include economic development projects such as the one in Kelo.
For instance, eminent domain abuse made headlines in North Carolina recently when an historic church in Chatham County was demolished to make way for a new highway specifically planned to benefit the proposed new VinFast factory. Adding insult to injury, the VinFast plant has been plagued by delays, and despite an original plan to begin operations in March 2023, virtually no construction has yet taken place, and plans to begin operations have been pushed back to 2028.
Even in 1689, Locke seems to have anticipated such governmental abuse of property, writing that “it is a mistake to think, that the supreme or legislative power of any commonwealth, can do what it will, and dispose of the estates of the subject arbitrarily, or take any part of them at pleasure.”
North Carolina legislators should heed Locke’s warning. They should amend the state constitution to prohibit government takings of property except for “a clear public use” only, and they should change the General Statutes by replacing “public use or benefit” with just “public use.”
The founding fathers, inspired by John Locke, placed government protection of property alongside that of life and liberty. That’s how high they prioritized it. North Carolina legislators of today should honor that vision.
