Bill Summaries: H 3 Eminent Domain (NEW).

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  • Summary date: Feb 15 2017 - View Summary

    House committee substitute makes the following changes to the 1st edition. Adds the following provisions. 

    Amends GS 40A-3(a), (b), and (b1) to restrict private condemnors and local public condemnors to exercising the power of eminent domain for a public use (was, for a public use or benefit). Amends the list of private condemnors permitted to exercise the power of eminent domain to include corporations, bodies politic, or persons exercising eminent domain for communication facilities (was, specified telegraphs and telephones), facilities related to the distribution of petroleum products, coal, natural gas, and pipelines or mains (no longer required to originate in North Carolina) for the transportation of petroleum products, coal, natural gas (was, gas), limestone, or minerals.

    Also amends subsection (c) to limit takings by political entities (other public condemnors) to the exercise of eminent domain for the public use (was, public use or benefit).

    Enacts a new subsection (d) to GS 40A-3 to provide that private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this statute, for the public use, possess the power of eminent domain and may acquire any property for the connection of any customer(s) via purchase, gift, or condemnation.

    Applies to takings occurring on or after the date that the act becomes law.

    Makes conforming changes to the act's short and long titles.

  • Summary date: Jan 25 2017 - View Summary

    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.