North Carolina Prohibit Eminent Domain for Non-Public Use Amendment (2018)
| North Carolina Prohibit Eminent Domain for Non-Public Use Amendment | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Eminent domain | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The North Carolina Prohibit Eminent Domain for Non-Public Use Amendment was not on the ballot in North Carolina as a legislatively referred constitutional amendment on November 6, 2018.
The measure would have prohibited the government from using eminent domain to condemn private properties to secure property for non-private uses. The measure would have also guaranteed compensation and a right to trial in all eminent domain cases.[1]
Text of measure
Ballot title
The ballot title would have been as follows:[1]
| “ | [ ] For
[ ] Against 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 38 to Article I of the North Carolina Constitution. The following text would have been 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 must be passed by a 60 percent vote in each house of the state legislature during one legislative session. The amendment was introduced into the legislature as House Bill 3 on January 25, 2017. The North Carolina House of Representatives approved the amendment, 104 to 9, on February 16, 2017. Seven representatives did not vote or were absent.[3]
House vote
February 16, 2017[3]
| North Carolina HB 3 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 Yes | 104 | 92.04% | ||
| No | 9 | 7.96% | ||
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 North Carolina Legislature, "House Bill 3," accessed February 17, 2017
- ↑ 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
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 3.0 3.1 North Carolina Legislature, "HB 3 Overview," accessed February 17, 2017
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