N.C. House again attempts constitutional amendment on eminent domain

“State House Republicans will try again in the 2017 session to give voters a chance to vote on an eminent domain amendment to the state Constitution.

House Bill 3, co-sponsored by Reps. Debra Conrad, R-Forsyth, and Kerry Hall, R-Stokes, would place the amendment on the November 2018 ballot.

The bill would not allow private property to be taken by eminent domain, or to be condemned, except for public use. The bill does not define public use.

A separate bill, though, adds communications and natural gas facilities and pipelines to those projects for which eminent domain is allowed for infrastructure projects. Exemptions currently include projects for railroads, bridges, petroleum distribution networks and public sewage and water systems.

In cases where public use is permitted, HB 3 would require “just compensation” be paid and the amount determined by a jury if requested.

“The use of eminent domain has always been of concern to the citizens across the state and seems to resurface each year in the form of a constitutional amendment,” Conrad said.”

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Craver, Richard. Winston Salen Journal 26 January 2017.