Take this final step to keep NC families from being robbed of family land
Welcome to NC Voices, where leaders, readers and experts from across North Carolina can speak on issues affecting our communities. Send submissions of 350 words or fewer to opinion@charlotteobserver.com.
Protect family land
The writer is president of NC Realtors.
The April 27 article about the McQueen family of Charlotte being forced by a predatory developer to sell their land should be an outrage in a state that values ties between families and their land. Unfortunately, the McQueen case is one of many.
Families that own land passed down through the generations face similar threats. In North Carolina, a developer can buy a single share of a property from a family member and force the entire family to sell their land against their will, often for pennies on the dollar.
The problem occurs when land is passed down without a will. Family members own the property as “tenants in common,” meaning they each own a share of the property. While some of these N.C. owners come from low-income communities, they can be found across all racial, demographic and geographic lines — in urban centers, small towns, on farmland, and elsewhere.
All it takes is one outside developer convincing, or coercing, a single relative to sell and the property can be taken away from everyone. There is a fix that would protect families but it’s waiting for a vote in the N.C. Senate.
Last year, the N.C. House passed the bipartisan Uniform Partition of Heirs Property Act which directly addresses the problem, giving families the right of first refusal to buy out family members who want to sell. If a court-ordered sale does occur, the bill ensures families get fair market value instead of the current process of selling on the courthouse steps for far less than the property is worth.
The bill also enables these families, who often lack clear title to their land, to access federal funding for disaster recovery, resulting in fewer dilapidated properties that languish after hurricanes.
Twenty states have passed this model legislation. North Carolina is one of two in the Southeast that hasn’t. We have an opportunity to protect vulnerable families from losing property due to an unfair process that’s existed for too long. Our legislators must correct this.
Wendy Harris, Raleigh
Protect NC birds
The writer is Audubon North Carolina’s director of strategy and government relations.
Few states are as well positioned as North Carolina to be a leader in offshore wind energy. But what’s often lost in the discussion are the stakes for birds.
Climate change is the biggest threat to birds, and offshore wind energy will be an important tool for reducing its impacts. But a recent case involving a wind developer and dead Bald Eagles is a grim reminder that there is a wrong way to do it.
In April, NextEra Energy pleaded guilty to violating the Migratory Bird Treaty Act and was fined $8 million after 150 eagles were killed at its wind farms. It was encouraging to see the company held accountable, but it should give us pause about whether proper wildlife protections are in place for North Carolina’s nascent offshore wind industry.
Fortunately, North Carolina has time to get it right. Siting and operating projects with wildlife in mind are among the most important things we can do. On May 11, the Biden administration will auction 110,091 acres in the Carolina Long Bay wind area. Leases will require that radio tracking devices be installed on buoys to monitor bird movements.
This is a positive step, but just a start. We also need strong leadership from Gov. Roy Cooper. Most states pursuing offshore wind have convened working groups to advise on wildlife issues, while also proactively mapping marine ecosystems to identify wind sites with the least impact. North Carolina hasn’t taken these steps.
In the NextEra case, law enforcement was only aware of the eagle fatalities because carcasses were found on the ground. This kind of monitoring isn’t possible at sea. That’s why it’s critical that developers are required to incorporate best in-class monitoring technology to document wildlife impacts. Stronger protections should also be added in the next development phase for Carolina Long Bay and established at the start for new wind planning areas.
North Carolina has a huge opportunity to tap into the strong winds that blow off our coast, grow our economy and fight climate change. We can do this and protect birds, if we act now.
Greg Andeck, Durham