NC
North Carolina House Bill H310

North Carolina 2025-2026 Regular Session

North Carolina House Bill H310 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 310
3+H D
4+HOUSE BILL DRH40166-MLy-99
5+
56
67
78 Short Title: Eminent Domain. (Public)
8-Sponsors: Representatives Riddell, D. Hall, Arp, and Blust (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Judiciary 2, if favorable, Housing and Development, if favorable, Rules, Calendar,
11-and Operations of the House
12-March 6, 2025
13-*H310 -v-1*
9+Sponsors: Representative Riddell.
10+Referred to:
11+
12+*DRH40166 -MLy-99*
1413 A BILL TO BE ENTITLED 1
1514 AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT 2
1615 CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE, TO 3
1716 PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL 4
1817 BY JURY IN ALL CONDEMNATION CASES, AND TO MAKE SIMILAR STATUTORY 5
1918 CHANGES. 6
2019 The General Assembly of North Carolina enacts: 7
2120 SECTION 1. Article I of the North Carolina Constitution is amended by adding a 8
2221 new section to read: 9
2322 "Sec. 39. Eminent domain. 10
2423 Private property shall not be taken by eminent domain except for a public use. Just 11
2524 compensation shall be paid and shall be determined by a jury at the request of any party." 12
2625 SECTION 2. The amendment set out in Section 1 of this act shall be submitted to 13
2726 the qualified voters of the State at the general election in 2026, which election shall be conducted 14
2827 under the laws then governing elections in the State. Ballots, voting systems, or both may be used 15
2928 in accordance with Chapter 163 of the General Statutes. The question to be used in the voting 16
3029 systems and ballots shall be: 17
3130 "[ ] FOR [ ] AGAINST 18
3231 Constitutional amendment to prohibit condemnation of private property except for a 19
3332 public use and to provide for the payment of just compensation with right of trial by jury in all 20
3433 condemnation cases." 21
3534 SECTION 3. If a majority of votes cast on the question are in favor of the amendment 22
3635 set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the 23
3736 Secretary of State. The Secretary of State shall enroll the amendment so certified among the 24
3837 permanent records of that office. The amendment set out in Section 1 of this act becomes 25
3938 effective upon certification and applies to takings after that date. 26
4039 SECTION 4. G.S. 40A-3 reads as rewritten: 27
4140 "§ 40A-3. By whom right may be exercised. 28
4241 (a) Private Condemnors. – For the public use or benefit, use, the persons or organizations 29
4342 listed below shall have the power of eminent domain and may acquire by purchase or 30
4443 condemnation property for the stated purposes and other works which are authorized by law.law: 31
4544 (1) Corporations, bodies politic or persons have the power of eminent domain for 32
4645 the construction of railroads, power generating facilities, substations, 33
47-switching stations, microwave towers, roads, alleys, access railroads, 34 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 310-First Edition
49-turnpikes, street railroads, plank roads, tramroads, canals, telegraphs, 1
50-telephones, communication facilities, electric power lines, electric lights, 2
51-public water supplies, public sewerage systems, flumes, bridges, facilities 3
52-related to the distribution of natural gas, and pipelines or mains for the 4
53-transportation of petroleum products, coal, natural gas, limestone or minerals. 5
54-Land condemned for any liquid pipelines shall:shall meet both of the 6
55-following requirements: 7
56-a. Not be less than 50 feet nor more than 100 feet in width; andwidth. 8
57-b. Comply with the provisions of G.S. 62-190(b). 9
58-The width of land condemned for any natural gas pipelines shall not be more 10
59-than 100 feet. 11
60-… 12
61-(b) Local Public Condemnors – Standard Provision. – For the public use or benefit, use, 13
62-the governing body of each municipality or county shall possess the power of eminent domain 14
63-and may acquire by purchase, gift or condemnation any property, either inside or outside its 15
64-boundaries, for the following purposes: 16
65-… 17
66-(b1) Local Public Condemnors – Modified Provision for Certain Localities. – For the 18
67-public use or benefit, use, the governing body of each municipality or county shall possess the 19
68-power of eminent domain and may acquire by purchase, gift or condemnation any property or 20
69-interest therein, either inside or outside its boundaries, for the following purposes: 21
70-… 22
71-(c) Other Public Condemnors. – For the public use or benefit, use, the following political 23
72-entities shall possess the power of eminent domain and may acquire property by purchase, gift, 24
73-or condemnation for the stated purposes.purposes: 25
74-… 26
75-(d) Connection of Customers. – For the public use, private condemnors, local public 27
76-condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section 28
77-shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation 29
78-any property for the connection of any customer or customers." 30
79-SECTION 5. Section 4 of this act is effective when it becomes law and applies to 31
80-takings occurring on or after that date. The remainder of this act is effective when it becomes 32
81-law. 33
46+switching stations, microwave towers, roads, alleys, access railroads, 34
47+turnpikes, street railroads, plank roads, tramroads, canals, telegraphs, 35
48+telephones, communication facilities, electric power lines, electric lights, 36
49+H.B. 310
50+Mar 5, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH40166-MLy-99
53+public water supplies, public sewerage systems, flumes, bridges, facilities 1
54+related to the distribution of natural gas, and pipelines or mains for the 2
55+transportation of petroleum products, coal, natural gas, limestone or minerals. 3
56+Land condemned for any liquid pipelines shall:shall meet both of the 4
57+following requirements: 5
58+a. Not be less than 50 feet nor more than 100 feet in width; andwidth. 6
59+b. Comply with the provisions of G.S. 62-190(b). 7
60+The width of land condemned for any natural gas pipelines shall not be more 8
61+than 100 feet. 9
62+… 10
63+(b) Local Public Condemnors – Standard Provision. – For the public use or benefit, use, 11
64+the governing body of each municipality or county shall possess the power of eminent domain 12
65+and may acquire by purchase, gift or condemnation any property, either inside or outside its 13
66+boundaries, for the following purposes: 14
67+… 15
68+(b1) Local Public Condemnors – Modified Provision for Certain Localities. – For the 16
69+public use or benefit, use, the governing body of each municipality or county shall possess the 17
70+power of eminent domain and may acquire by purchase, gift or condemnation any property or 18
71+interest therein, either inside or outside its boundaries, for the following purposes: 19
72+… 20
73+(c) Other Public Condemnors. – For the public use or benefit, use, the following political 21
74+entities shall possess the power of eminent domain and may acquire property by purchase, gift, 22
75+or condemnation for the stated purposes.purposes: 23
76+… 24
77+(d) Connection of Customers. – For the public use, private condemnors, local public 25
78+condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section 26
79+shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation 27
80+any property for the connection of any customer or customers." 28
81+SECTION 5. Section 4 of this act is effective when it becomes law and applies to 29
82+takings occurring on or after that date. The remainder of this act is effective when it becomes 30
83+law. 31