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NC H458

Bill

Status

Introduced

3/22/2023

Primary Sponsor

Dennis Riddell

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • 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.

  • 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.

  • Upon certification of voter approval by the State Board of Elections, the amendment becomes effective and applies to property takings occurring after certification.

  • 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.

  • 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

Committee Referrals

Judiciary I3/27/2023

Full Bill Text

No bill text available