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Bill > H310


NC H310

NC H310
Eminent Domain


summary

Introduced
03/05/2025
In Committee
03/06/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES, AND TO MAKE SIMILAR STATUTORY CHANGES.

AI Summary

This bill proposes a constitutional amendment to modify how eminent domain can be used in North Carolina, specifically by restricting government's ability to take private property. The amendment would explicitly require that private property can only be condemned for a genuine "public use" and mandates that property owners receive just compensation, with the right to have compensation determined by a jury trial if requested. If approved by voters in the 2026 general election, the amendment would be added to the state constitution and become effective immediately upon certification by the State Board of Elections. The bill also makes corresponding statutory changes to the existing eminent domain law, removing references to "public use or benefit" and clarifying the specific circumstances under which various public and private entities can exercise eminent domain powers, including adding a new provision that allows entities to condemn property for connecting customers. The proposed constitutional amendment aims to provide stronger protections for private property owners by narrowing the circumstances under which their property can be taken and ensuring they have a judicial mechanism to challenge compensation.

Committee Categories

Justice

Sponsors (13)

Last Action

Ref to the Com on Judiciary 2, if favorable, Housing and Development, if favorable, Rules, Calendar, and Operations of the House (on 03/06/2025)

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