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

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]

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]

”

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]

	Yes	No	Not voting
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
Total	101	17	2
Total percent	84.2%	14.1%	1.7%
Democrat	32	17	2
Republican	69	0	0

External links[edit]

House Bill 271 (2021)

Footnotes[edit]

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

[bill-1] 1.0 ^1.1 ^1.2 ^1.3 General Assembly of North Carolina, "House Bill 271," accessed March 25, 2021

[quotedisclaimer-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

[1]

[2]

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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