Eminent Domain Law Reform Introduced by Representative Hall
H.B. 3 Eminent Domain is an proposed constitutional amendment that provides a much needed update to the North Carolina constitution that clarifies limitations on state eminent domain to prevent future expansion by the state General Assembly and ensure property owners can have a jury decide proper repayment for land takings.
Representative Hall said that the amendment provides courts certainty that property can only be taken for a public use, not a public benefit, and that conflicting court decisions require clarification in the constitution.
Building roads or schools through the use of eminent domain is much different than using private property takings for economic benefit. The legislation would give voters the final say on an eminent domain constitutional amendment in March of next year.