NC Democrats Oppose Bill Allowing Cross-County Property Seizures
A controversial bill would let Franklin County seize water infrastructure in three neighboring counties without their consent, sparking bipartisan concerns.
RALEIGH, NORTH CAROLINA — North Carolina House Democrats and local officials condemned a controversial bill Tuesday that would grant one county the authority to seize property in neighboring counties without their consent.
Senate Bill 214, titled “Various Local Provisions VII,” includes a provision allowing Franklin County to take property in Halifax, Vance or Warren counties “without the consent or approval” of the other county’s local government. The measure targets a Henderson water treatment plant in Vance County that operates the Kerr Lake Regional Water System.
“This should not be a partisan issue,” Rep. Rodney Pierce (D-Halifax) said during a press conference. “The idea that one county can take property in another county without consent should concern you.”
Water System Dispute
Franklin County currently purchases water from the Kerr Lake Regional Water System as well as other sources including Raleigh and Louisburg, but does not own the system. The rapidly growing county has repeatedly sought more water “through existing regional arrangements” but failed to secure a long-term solution, according to a statement from County Manager Ryan Preble’s office obtained by WIZS.
County officials argue it is not “cost-effective or sustainable” to obtain water from multiple sources at the scale needed to serve Franklin County’s population. The provision would grant Franklin County the right to acquire the water resources it needs without reaching an agreement with surrounding counties.
Process Criticized
Democratic lawmakers criticized the insertion of the provision into the bill, which occurred behind closed doors without public discussion or input. Pierce faulted Republican colleagues for failing to consult with affected municipalities and their representatives.
“Nobody came to me and said, ‘Hey, we have a bill that’s impacting your counties. We’d like your input or the input of your local elected officials,'” Pierce said.
Henderson Mayor Melissa Elliott characterized the dispute as involving issues of environmental justice, control and morals. The affected counties of Halifax, Vance and Warren have significant minority populations and would lose control over local water infrastructure under the proposed legislation.
Broader Implications
The cross-county eminent domain provision represents an unusual expansion of one county’s authority over another jurisdiction’s property. Traditional eminent domain powers typically apply within a single governmental entity’s boundaries or require mutual agreements between jurisdictions.
Senate Bill 214 contains multiple local provisions affecting various North Carolina counties and municipalities. The water system provision specifically targeting Franklin County’s expansion needs stands out as the most controversial element of the broader legislation.
The bill now awaits further action in the General Assembly as local officials and Democratic lawmakers continue voicing opposition to the cross-county property seizure authority.
