House tries again to limit eminent domain
“State House lawmakers have once again given tentative approval to a proposed constitutional amendment limiting government’s powers to take private property.
House Bill 3 passed its second reading by a 111-4 vote. A final vote is expected next Tuesday before the measure heads to the Senate.
The bill, which has 69 House sponsors and co-sponsors from across the political spectrum, would add language to the North Carolina constitution specifying that local and state governments can take private property with “just compensation” only for public uses, such as schools, roads, sewers and utility easements. It also adds to the constitution a guarantee that damages in such a case should be decided by a jury if requested by the property owner.
Sponsor Rep. Chuck McGrady, R-Henderson, explained that those stipulations are already in North Carolina law, but unlike most states, they’re not in its constitution.
“Aside from the public use test, there are two other tests or phrases sometimes used,” he said. “Some courts have talked in terms of a public purpose or public benefit, and with time, the test has gotten rather fuzzy or has morphed.””
Leslie, Laura. WRAL.com 5 February 2015.