Legislation eyed
to block OLF

Owens concerned
feds could nix law

By JENNIFER PREYSS
Staff Writer

Wednesday, March 04, 2009

State Rep. Bill Owens, D-Pasquotank, may introduce legislation in the coming weeks aimed at preventing the US Navy from siting an outlying landing field in a county or region that does not have an existing military base.

The legislation would amend the North Carolina Federal Reservation Statute, requesting "exclusive jurisdiction over any land acquired by the United States without the consent of the State ... is not ceded to the United States for any purpose."

Owens said he personally supports the language in the legislation, and remains passionate about preventing the Navy's jet landing strip from locating in Northeastern North Carolina, but he's concerned the document may not have enough teeth to deter the federal government from overriding the bill.

"The laws of the federal government supersede the laws of North Carolina," Owens said. "One little amendment from (Congress) can stop it."

The legislation was drafted recently by Raleigh-based legal team Poyner Spruill, hired jointly by Camden and Currituck counties to assist in their anti-OLF efforts, and assisted by Camden County Attorney John Morrison of Twiford Law firm.

Owens received a copy of the two-page document last week for review and consideration to be introduced to the state House of Representatives.

"They gave us a copy last Thursday night, and (state Sen. Marc) Basnight and I haven't had a chance to thoroughly look it over," Owens said.

In the next few weeks, Owens will be meeting with staff and Basnight, D-Dare, to determine the effectiveness of the bill.

Because the U.S. Navy falls under the jurisdiction of the federal government, state-level legislation may not carry enough clout to make a difference in the Navy's selection process, he said.

"If our staff tells us this legislation will be effective and is worth the paper it is was written on, then I will introduce it," Owens said. "But we still have to realize that the federal government controls the Navy. They do not have to follow the laws of North Carolina."

Owens indicated the legislation may be better served if introduced in Congress.

"We need to focus all our attention on directing this legislation to Congress," Owens said. "We're happy to do anything we can to prevent the OLF that's effective, but we need to spend equal time statewide as we do working with the federal government."

But Morrison said the Legislature does possess constitutional standing to exercise authority over the OLF.

Citing the U.S. Constitution, Article 1, section 8, paragraph 17, Morrison said there's a "wonderful little comment" that powerfully argues the state's influence.

"(The Founding Fathers) are clearly talking about military installations," Morrison said.

According to Morrison, paragraph 17 says Congress can acquire a property in a state and may have exclusive control over it, only if the state's legislature gives its consent.

If consent is not given, then the property acquired would be subject to both the authority of the state, as well as the federal government.

If the Legislature agrees to introduce and approve the proposed bill, Morrison strongly believes the Navy could be stymied in their efforts to construct and operate an OLF.

"We think this legislation would be extremely favorable to us," Morrison said. "We believe it would be another tool in our toolbox."