Why Eminent Domain is justified in this situation

Friends of the Falls realizes that eminent domain is not a power to be use casually. However, we believe that the public will support the acquisition in this situation, once all the facts are understood.

Use of eminent domain does not mean that property is "taken" or confiscated. If a fair price cannot be determined though negotiations, then a Transylvania County jury will decide the fair value.
 
N.C. Statute Chapter 113-34 authorizes the administration to condemn land "for the purpose of establishing and/or developing State forests, State parks and other areas and developments essential to the effective operation of the State forestry and State park activities". (Read statute)
 
The State uses eminent domain everyday for the construction of highways, dams, powerlines and other public projects. Even on controversial road projects, such as the I-26 extension (or the proposed Clear Creek Connector), little opposition is raised when families are forcibly relocated from their long-standing homes.
 
During the establishment of the Great Smoky Mountains National Park, 6600 separate tracts of land had to be acquired - about half of them through eminent domain. Entire communities had to be relocated, causing severe local opposition. However, today North Carolinians cherish the Park as one of their greatest public possessions.
 
Fortunately, this situation is very different from the condemnation of family homesteads. No homes must be destroyed or relocated. Only corporate* business plans must be altered, and compensated fairly.
* Waterfalls LLC, the legal owner of the property, is a Limited Liability Corporation. As such it is not required to reveal the identities of its officers, board members, or investors to the public.
 
If we lose this opportunty to protect these ancient falls surrounded by public lands, future generations will not forgive us. Our leaders must find a way to work through political or budgetary concerns - and establish this lasting legacy for our children.

 

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About the Property

Analysis and response to Anthony's proposal of restricted access

Background Information and Recent Events

Why This Property is Crucial to the DuPont State Forest

The DuPont State Forest Information Page

Photos & Maps

See more photos of the Little River Falls:

New map showing updated property boundaries (large:187K)

Trail Map of DuPont State Forest (large image)

Newspapers Endorse State Action

Read the resounding endorsements from the two largest regional papers.

Visit our PressRoom to view news articles and endorsements

Justification of State's Action

Why the use of eminent domain is justified in this special situation

Read how the N.C. Constitution and the N.C. Statutes provide the authority for this action.

Answering the Critics: Read a point-by-point reply to arguments against State acquisition

Friends of the Falls

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