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®°~f g-~3 -~ ~ <br />.. <br />NORTH CAROLINA <br />ORANGE COUNTY <br />RESOLUTION <br />WHEREAS, H.R. 2372 and S. 1028 are bills that have been <br />introduced in Congress which would essentially provide immediate <br />federal court review of local zoning decisions where the <br />property owners allege a so-called regulatory taking of <br />property; and <br />WHEREAS, these bills, if enacted in a law, will <br />fundamentally change the approach of the federal courts to <br />litigation involving local land use decisions which approach is <br />founded on sound principles of federalism and devolution; and <br />WHEREAS, the precepts of federalism and devolution are <br />principles repeatedly supported and trumpeted by Congress; and <br />WHEREAS, the present system of review of local land use <br />decisions insures a proper balance among federal, state and <br />local governments and protects the prerogative of local elected <br />officials to act in the best interests of the local community; <br />and <br />WHEREAS, if enacted into law H.R. 2372 and S. 1028, or <br />either of them, would shift the authority over local land use <br />decisions away from local and state authorities to the federal <br />courts in a way that would encourage developers of land to <br />intimidate county officials with the threat of federal <br />