Cabarrus Cheap Seats

I thought since the big growth summit is coming up next week - I would repost (and finish) the “Appetite for Construction” series of posts from last August.

I posted two posts of what was to be a three post series. I never finished; but I aim to this week. So, here’s the first one:

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The challenge in controlling development is as simple as this: the local government has a responsibility to provide entitlements to its citizens and a responsibility to protect property rights.

Simple doesn’t always mean easy.

Rights vs. Entitlements

There are those who believe that rights and entitlements are the same thing; but the difference is significant enough to cause the major issue in this county: how to keep building schools to provide for the county’s growth

A right is not granted by a government - it is recognized and protected by it. If you look at the Bill of Rights in the US Constitution (Amendments 1 through 10) - you’ll find that the statements fall into two categories: what the government won’t stop you from doing and limits as to what it can do from taking something from you or stopping you from doing something.

An entitlement is something that granted by the government to all of the people or a group of people. Veterans who were discharged in good standing are entitled to medical and other benefits through the Veteran’s Administration - this entitlement is guaranteed by law.

Making it Local

What does this have to do with development in the County? Property owners have a right to buy and sell their property and not have it seized or generally encumbered upon by the government. In addition to that, they can improve and develop their property and, in the words of the NC Constitution, “enjoy the fruits of their labor”. So, if I own 500 acres of land and I want to build 1500 homes on that land - I have a right to do that.

The problem is that the 1500 families that I built those homes for are entitled to free, public education provided for by the state and local government as mandated in the North Carolina Constitution. It is not my problem whether or not the schools exist for such a development - the burden of providing the schools is not mine - it’s the State of North Carolina’s and - by extension - that of the local government. The cost of building and operating the schools is shared by all of the taxpayers.

The Dilemma

This is the policy dilemma - how does the government protect the rights of property owners, provide entitlements for its citizens, and keep taxes low? With a perfect balance of commercial and residential growth at a moderate pace, all three can be achieved. That isn’t the way it goes.

Over the past 15 years, Cabarrus County has experienced significant growth - most of it residential thus requiring schools and other public facilities. The up-front capital cost will be amortized over years; but the growth rate requires that the government come up with the money by diverting funds from savings, other obligations, or by borrowing.

What levers can local officials pull? If they don’t grant permits to developers who have met all of the other requirements (proper zoning, meeting construction and design standards, etc.) then those developers will have legal recourse which could land the County and/or cities into a costly court battle. If they don’t provide adequate school facilities than the affected citizens can file suit. This nearly happened in 2004 when the Cabarrus County School Board nearly took the County Commissioners to court over their refusal to insure adequate facilities. That leaves getting the money from the taxpayers and building the schools to accommodate the growth.

In Part 2, we’ll take a look in to recent efforts to mitigate that and how this challenge has been made worse by policies from the previous majority.