Bill Summary for S 723 (2013-2014)

Summary date: 

Apr 5 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 723 (Public) Filed Tuesday, April 2, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO PROTECT THOSE WHOSE PROPERTY IS BEING TAKEN BY EMINENT DOMAIN BY PROVIDING THAT WHEN A LOCAL GOVERNMENT CONDEMNOR IS NOT AN ELECTED BOARD, A MAJORITY OF THE ELECTED BOARDS APPOINTING IT MUST APPROVE FILING OF THE CONDEMNATION ACTION, TO ALSO REQUIRE APPROVAL OF THE GOVERNING BOARD OF THE COUNTY WHERE THE PROPERTY IS LOCATED, AND TO PROVIDE THAT A BOARD CONSISTING OF APPOINTED PERSONS MAY NOT LEVY AD VALOREM TAXES WITHOUT APPROVAL OF THE COUNTY WHERE THE PROPERTY SUBJECT TO TAXATION IS LOCATED.
Intro. by Clark.

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Bill summary

Amends Article I of the North Carolina Constitution adding Section 19.1 qualifying the ability of local governments to take land by eminent domain. Accordingly, if a local governmental subdivision is granted authority by the General Assembly to exercise the power of eminent domain, and the governing body of that entity is not composed entirely of elected officials, then prior to the commencement of any condemnation action the condemnation action may be filed only if (1) a majority of the members of the entity are appointed by boards consisting of elected officials, (2) a majority of all the entities making appointments to that entity have approved initiation of the action, and (3) there is approval by the governing board of the county where the property is located.

Further amends Article I of the North Carolina Constitution adding Section 19.2 requiring a local governmental subdivision to get prior approval to be granted approval by the governing body of the county where a property is located prior to an initial levy of taxes where (1) a property is subject to taxation, (2) the subdivision seeks to exercise the power of ad valorem taxation of the property, but (3) the local governmental subdivision is not composed entirely of persons elected by the people.

Amendment is to be submitted to voters at a statewide election to be conducted on November 4, 2014. Provides that the amendment, if passed by the voters, becomes effective upon certification and applies to takings after that date.

 

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