North Carolina Eminent Domain Amendment (2016)

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Eminent Domain Amendment
Flag of North Carolina.png
Election date
November 8, 2016
Topic
Property
Status
Not on the ballot
Type
Constitutional amendment
Origin
State legislature


Voting on Property
Grosvenor Waterside Property Development - geograph.org.uk - 1123844.jpg
Ballot Measures
By state
By year
Not on ballot

The North Carolina Eminent Domain Amendment was not put on the November 8, 2016, ballot in North Carolina as a legislatively referred constitutional amendment. The measure, upon voter approval, would have prohibited the eminent domain of private property, except for public use, and provide for just compensation for the landowner as determined by a jury.[1]

Text of measure

Ballot title

The proposed ballot title was:[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 proposed amendment would have added a Section 19.1 to Article I of the North Carolina Constitution. The following text would have been added by the proposed measure's approval:[1]

Sec. 19.1. Eminent domain.

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

A 60 percent majority vote in both chambers of the General Assembly of North Carolina was required to refer this amendment to the ballot. North Carolina is one of nine states that require a 60 percent majority.

On February 10, 2015, the North Carolina House of Representatives approved the amendment, with 113 in favor and 5 against.[3]

House vote

February 10, 2015, House vote

North Carolina HB 3 House Vote
ResultVotesPercentage
Approveda Yes 113 95.76%
No54.24%

See also

External links

Footnotes

  1. 1.0 1.1 1.2 General Assembly of North Carolina, "House Bill 3," accessed February 5, 2015
  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
  3. WNCN, "NC House approves eminent domain amendment 1 more time," February 10, 2015