EMINENT DOMAIN CONST. AMENDMENT.

View NCGA Bill Details2017-2018 Session
Senate Bill 34 (Public) Filed Tuesday, February 7, 2017
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE AND TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH THE RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES.
Intro. by B. Jackson.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Feb 8 2017)

Bill History:

S 34

Bill Summaries:

  • Summary date: Feb 7 2017 - More information

    Identical to H 3, filed 1/25/17.

    Subject to approval by the voters at the November 6, 2018, statewide election, amends Article I of the North Carolina Constitution by adding a new Sec. 38 to prohibit the taking by eminent domain of private property except for a public use. Directs that just compensation be paid to the private property owner and provides that either party may request that the amount of just compensation be determined by a jury. Provides that if the majority of votes are in favor of the amendment, the State Board of Elections is to certify the amendment to the Secretary of State and the amendment will become effective upon certification and apply to takings of private property by eminent domain after the certification date.


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