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NC H458
Bill
Status
3/22/2023
Primary Sponsor
Dennis Riddell
Click for details
AI Summary
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Adds new Section 39 to Article I of the North Carolina Constitution prohibiting condemnation of private property except for a public use and requiring just compensation determined by jury at the request of any party.
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Submits the constitutional amendment to voters at the 2024 general election with ballot language asking whether to prohibit condemnation except for public use and provide jury-determined just compensation.
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Upon certification of voter approval by the State Board of Elections, the amendment becomes effective and applies to property takings occurring after certification.
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Amends G.S. 40A-3 to replace "public use or benefit" language with "public use" throughout provisions governing eminent domain powers for private condemnors, local public condemnors, and other public condemnors.
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Modifies pipeline condemnation provisions to require liquid pipelines to be 50-100 feet in width and comply with G.S. 62-190(b), while natural gas pipelines cannot exceed 100 feet in width.
Legislative Description
Eminent Domain
Civil Procedure; Constitution
Last Action
Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House
3/27/2023