North Carolina Eminent Domain Amendment (2022)

North Carolina Eminent Domain Amendment

Election date
November 8, 2022
Topic
Eminent domain
Status
Not on the ballot
Type
Constitutional amendment| Origin
State legislature

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The North Carolina Eminent Domain Amendment is not on the ballot in North Carolina as a legislatively referred constitutional amendment on November 8, 2022.

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]

## Contents

* 1 Text of measure
* 1.1 Ballot title
* 1.2 Constitutional changes
* 2 Path to the ballot
* 3 See also
* 4 External links
* 5 Footnotes

## Text of measure[edit]

### Ballot title[edit]

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] | ”

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### Constitutional changes[edit]

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 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[edit]

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 271 (HB 271). On March 25, 2021, the state House voted 101 to 17, with two excused or not voting, to pass HB 271. The amendment did not receive a vote before the legislature adjourned.[1]

Vote in the North Carolina House of Representatives
March 25, 2021

Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 72 a
| Yes| No| Not voting
Total| 101| 17| 2
Total percent| 84.2%| 14.1%| 1.7%
Democrat| 32| 17| 2
Republican| 69| 0| 0

## See also[edit]

2022 measures

* 2022 ballot measures
* Eminent domain on the ballot
* 2022 legislative sessions

North Carolina

* North Carolina ballot measures
* North Carolina ballot measure laws

News and analysis

* Ballot measure lawsuits
* Ballot measure readability
* Ballot measure polls

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## External links[edit]

* House Bill 271 (2021)

## Footnotes[edit]

1. ↑ 1.0 1.1 1.2 1.3 General Assembly of North Carolina, "House Bill 271," accessed March 25, 2021
2. ↑ 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

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