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NC H3

Bill

Status

Engrossed

2/20/2017

Primary Sponsor

Charles McGrady

Click for details

Origin

House of Representatives

2017-2018 Session

AI Summary

  • Proposes a constitutional amendment to Article I of the North Carolina Constitution adding Section 38, which prohibits condemnation of private property except for public use and requires just compensation determined by jury upon request of any party.

  • Amendment will be submitted to voters at the statewide election on November 6, 2018, with ballot language asking voters to choose FOR or AGAINST the constitutional amendment on eminent domain and jury trial rights.

  • If approved by majority vote, the State Board of Elections shall certify the amendment to the Secretary of State, and it becomes effective upon certification and applies to takings after that date.

  • Amends G.S. 40A-3 to replace references to "public use or benefit" with "public use" throughout provisions governing eminent domain powers of private corporations, local public entities, and other public condemnors.

  • Adds new subsection (d) to G.S. 40A-3 establishing that condemnors may acquire property for connection of any customer or customers for public use purposes.

Legislative Description

Eminent Domain

Last Action

Ref To Com On Rules and Operations of the Senate

2/20/2017

Committee Referrals

Rules and Operations of the Senate2/20/2017
Judiciary I1/26/2017

Full Bill Text

No bill text available