Bill Summary for H 3 (2017-2018)

Summary date: 

Feb 15 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 3 (Public) Filed Wednesday, January 25, 2017
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES, AND TO MAKE SIMILAR STATUTORY CHANGES.
Intro. by McGrady, Lewis, Malone, Goodman.

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Bill 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.

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