North Carolina Eminent Domain Amendment (2020)
| North Carolina Eminent Domain Amendment | |
|---|---|
 | |
| Election date November 3, 2020 | |
| Topic Eminent domain | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The North Carolina Eminent Domain Amendment was not on the ballot in North Carolina as a legislatively referred constitutional amendment on November 3, 2020.
The ballot measure would have added language to the North Carolina Constitution stating that eminent domain can only be used to take private property for a public use. The ballot measure would have provided people with a right to just compensation, as determined by a jury, when a property is taken.[1]
Text of measure
Ballot title
The ballot title would have been as follows:[1]
| “ | Constitutional amendment to prohibit condemnation of private property except for a public use and to provide for the payment of just compensation with right of trial by jury in all condemnation cases.[2] | ” |
Constitutional changes
- See also: Article I, North Carolina Constitution
The measure would have added a Section 39 to Article I of the North Carolina Constitution. The following underlined text would be added:[1]
Private property shall not be taken by eminent domain except for a public use. Just compensation shall be paid and shall be determined by a jury at the request of any party.[2]
Path to the ballot
- See also: Amending the North Carolina Constitution
In North Carolina, a constitutional amendment requires a 60 percent vote in each chamber of the North Carolina State Legislature during one legislative session. That amounts to a minimum of 72 votes in the North Carolina House of Representatives and 30 votes in the North Carolina Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
The constitutional amendment was introduced as House Bill 3 (HB 3). On February 27, 2019, the state House voted 94 to 21 to pass HB 3.[1]
| Vote in the North Carolina House of Representatives | |||
| Requirement: Three-fifths (60 percent) vote of all members in each chamber | |||
Number of yes votes required: 72  | |||
| Yes | No | Not voting | |
|---|---|---|---|
| Total | 94 | 21 | 5 |
| Total percent | 78.33% | 17.50% | 4.17% |
| Democrat | 32 | 21 | 2 |
| Republican | 62 | 0 | 3 |
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 General Assembly of North Carolina, "House Bill 3," accessed February 28, 2019
- ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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