A Win For More Than Just the Birds

This week’s “Daily Journal” guest columnist is Melissa Mitchell, Administrative Assistant for the John Locke Foundation.

When the U.S. Supreme Court sided with the city of New London, Conn., in Kelo v. City of New London, Americans worried that now, with the blessing of the courts, the federal, state, or local government could take their property for any reason. However, the recent defeat of the Outlying Landing Field (OLF) in Washington and Beaufort counties should provide hope for all Americans and North Carolinians.

Five years ago the Navy decided to site a new Outlying Landing Field, where pilots could practice carrier-type landings, in Washington and Beaufort Counties. The OLF would sit just 3.5 miles from Pocosin Lakes National Wildlife Refuge, where 100,000 snow geese, tundra swans, and other waterfowl spend the winter. Although the migratory bird population gave rise to the OLF opposition, it soon took flight within other groups. More than 100 diverse groups joined to fight the OLF. Liberal environmentalists concerned about the refuge joined with conservative groups, like N.C. Citizens for a Sound Economy and Americans for Prosperity, who were concerned about private property rights.

But what is more remarkable is how the NO-OLF movement started and what it achieved. With no money or experience, a small grass-roots group stopped the U.S. Navy. “No one thought we would win,” says Jennifer Alligood, chairman of the NO-OLF group. The fight went beyond the birds. Certainly, the noise and the jets flying within the bird’s migratory flight path were dangerous for the birds, but the danger to the Navy pilots was even greater. A little research into bird/plane collisions shows that it has been a concern since 1955. Just in the last 10 years there have been 22,000 collisions. There have also been 350 deaths attributed to bird/aircraft collisions. Recognizing the danger, former Navy pilots joined the fight. They provided invaluable information about bird/aircraft strikes. The sheer number of birds wintering in the area would have guaranteed a collision.

Ironically, people have called the NO-OLF group selfish. They believe North Carolina’s status as a military-friendly state is ruined. It has also been suggested that we may see base closings in our state because of the NO-OLF group. Frankly, I think that every Navy pilot, avionic technician, and taxpayer should thank the NO-OLF group. They have probably saved pilots’ lives and saved technicians from the disgusting job of removing chopped up bird remains from jet engines. They have also saved taxpayers millions of dollars in repair costs caused by bird/jet collisions.

Then there are the farmers who would have lost their farms. Some have criticized my feelings about the farmers and their land, but because many members of my family were and are farmers, I understand a farmer’s attachment to the land. Many of these farms had been in the same family for five generations or longer. The assumption is that the farmers would receive enough money for their land to allow them to retire, move to a new farm, or enter a new profession.

There are problems with these notions. Most landowners rarely receive the true value for their land, and they must go to court to settle the dispute, which might last for years. Since there is very little farmland for sale, moving to another farm is probably an unrealistic expectation. The idea that a farmer would be comfortable with retiring is also unrealistic. Farmers are hard-working people. Most farmers slow down, but they rarely retire. Finally, it would be very hard for a 50-year-old farmer, who has done nothing but farm all of his life, to enter a new profession. Anyone traveling to the area of the proposed OLF knows that there is no other industry in the area. What were these farmers going to do to support their families? If they lost their homes, where were they going to live? Jennifer Alligood also points out that “Washington County is one of the poorest counties in North Carolina, and the lost tax revenue from the farms because of the OLF would have devastated the county.”

With the Kelo decision, it appeared that no one could win in the courts against a government entity, but the NO-OLF group proved that a grass-roots effort could win. The group won in the courts when U.S. District Judge Terrence Boyle granted a preliminary injunction against the Navy. Many in the media tried to say that it was because of the migratory bird population, but it was really the property-rights issue.

In March, the NO-OLF group will hold a celebration for its supporters. And well they should celebrate, especially Jennifer Alligood and Doris Mann, who proved that grass-roots activism can work. Some will say they saved the birds, while others will say they saved the pilots and the farmers. However, they have given hope to all Americans that the Kelo decision is not a death sentence for property rights.

A final thought. Yes, the NO-OLF group won, but there is still a need for property-rights protection here in North Carolina. After the Kelo decision, many states passed legislation to protect their citizens from the type of land grab seen in Connecticut. However, the N.C. General Assembly has failed to take strong enough steps to protect its citizens. It is now time for a grass-roots effort to protect property rights in North Carolina. Let the grass-roots effort of the NO-OLF group be our example of what can be accomplished by a few determined citizens.