Eminent Domain.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 310

Short Title: Eminent Domain. (Public)
Sponsors: Representatives Riddell, D. Hall, Arp, and Blust (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 2, if favorable, Housing and Development, if favorable, Rules, Calendar,
and Operations of the House
March 6, 2025
*H310-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND THE NORTH CAROLINA CONST ITUTION TO PROHIBIT 2
CONDEMNATION OF PRIV ATE PROPERTY EXCEPT FOR A PUBLIC USE, TO 3
PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL 4
BY JURY IN ALL CONDEMNATION CASES, AND TO MAKE SIMILAR STATUTORY 5
CHANGES. 6
The General Assembly of North Carolina enacts: 7
SECTION 1. Article I of the North Carolina Constitution is amended by adding a 8
new section to read: 9
"Sec. 39. Eminent domain. 10
Private property shall not be taken by eminent domain except for a public use . Just 11
compensation shall be paid and shall be determined by a jury at the request of any party." 12
SECTION 2. The amendment set out in Section 1 of this act shall be submitted to 13
the qualified voters of the State at the general election in 2026, which election shall be conducted 14
under the laws then governing elections in the State. Ballots, voting systems, or both may be used 15
in accordance with Chapter 163 of the General Statutes. The question to be used in the voting 16
systems and ballots shall be: 17
"[ ] FOR [ ] AGAINST 18
Constitutional amendment to prohibit condemnation of private property except for a 19
public use and to provide for the payment of just compensation with right of trial by jury in all 20
condemnation cases." 21
SECTION 3. If a majority of votes cast on the question are in favor of the amendment 22
set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the 23
Secretary of State. The Secretary of State shall enroll the amendment so certified among th e 24
permanent records of that office. The amendment set out in Section 1 of this act becomes 25
effective upon certification and applies to takings after that date. 26
SECTION 4. G.S. 40A-3 reads as rewritten: 27
"§ 40A-3. By whom right may be exercised. 28
(a) Private Condemnors. – For the public use or benefit, use, the persons or organizations 29
listed below shall have the power of eminent domain and may acquire by purchase or 30
condemnation property for the stated purposes and other works which are authorized by law.law: 31
(1) Corporations, bodies politic or persons have the power of eminent domain for 32
the construction of railroads, power generating facilities, substations, 33
switching stations, microwave towers, roads, alleys, access railroads, 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 310-First Edition
turnpikes, street railroad s, plank roads, tramroads, canals, telegraphs, 1
telephones, communication facilities, electric power lines, electric lights, 2
public water supplies, public sewerage systems, flumes, bridges, facilities 3
related to the distribution of natural gas, and pipeline s or mains for the 4
transportation of petroleum products, coal, natural gas, limestone or minerals. 5
Land condemned for any liquid pipelines shall:shall meet both of the 6
following requirements: 7
a. Not be less than 50 feet nor more than 100 feet in width; andwidth. 8
b. Comply with the provisions of G.S. 62-190(b). 9
The width of land condemned for any natural gas pipelines shall not be more 10
than 100 feet. 11
… 12
(b) Local Public Condemnors – Standard Provision. – For the public use or benefit, use, 13
the governing body of each municipality or county shall possess the power of eminent domain 14
and may acquire by purchase, gift or condemnation any property, either inside or outside its 15
boundaries, for the following purposes: 16
… 17
(b1) Local Public Condemnors – Modified Provisio n for Certain Localities. – For the 18
public use or benefit, use, the governing body of each municipality or county shall possess the 19
power of eminent domain and may acquire by purchase, gift or condemnation any property or 20
interest therein, either inside or outside its boundaries, for the following purposes: 21
… 22
(c) Other Public Condemnors. – For the public use or benefit, use, the following political 23
entities shall possess the power of eminent domain and may acquire property by purchase, gift, 24
or condemnation for the stated purposes.purposes: 25
… 26
(d) Connection of Customers . – For the public use, p rivate condemnors, local pub lic 27
condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section 28
shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation 29
any property for the connection of any customer or customers." 30
SECTION 5. Section 4 of this act is effective when it becomes law and applies to 31
takings occurring on or after that date. The remainder of this act is effective when it becomes 32
law. 33