NC H1174

Amends the North Carolina Constitution to add Section 39, establishing a right to inverse condemnation for businesses closed by gubernatorial or local government order during a state of emergency.

Business owners may sue in superior court to compel the state or local government to commence condemnation proceedings and pay just compensation for loss of income during and after temporary closures and loss of going concern if the business fails.

Business owner bears the burden of proving the loss is due to the closure order and the amount of compensation; owners may petition for reimbursement of reasonable attorney fees, appraisal fees, and costs incurred in bringing the action.

Petitions for just compensation must be filed within one year of the order's expiration.

Submits the amendment to voters at the 2020 general election; if approved by majority vote, the amendment becomes effective upon certification by the State Board of Elections and applies to closures on or after that date.