Large Bipartisan Majority Sponsors Private Property
Protection
04/13/2009 | 09:01 PM
A bill providing a referendum on a constitutional
amendment to protect private property rights was
introduced today in the NC House of Representatives.
House Bill 1268 was sponsored
by a large majority of the Members of the NC
House of Representatives, including all 52
Republicans and 31 Democrats – more then
two - thirds of the House.
This bill is in response to a 2005 decision by the US Supreme Court, known as Kelo v. New London, which allowed local governments to take private property for economic development. Approval of the amendment by voters would end this authority in NC and guarantee property owners a jury trial to determine just compensation if property is taken for public use.
The proposed amendment to the NC Constitution is as follows: “Private property shall not be taken by eminent domain except for a public use. Public use does not include the taking of property in order to convey an interest in the property for economic development. This paragraph does not apply to the taking of physically blighted properties as defined by general law, nor to takings for access to property. Just compensation shall be paid and, if demanded by the owner, shall be determined by a jury.”
Although the General Assembly, in 2006, revoked much of the authority for local governments to exercise eminent domain for private purposes, a constitutional amendment would preclude future legislative action to loosen these constraints. A considerable majority of the NC House membership believe that the power of government must not be used to take private property except for legitimate public uses. This amendment would also allow North Carolina to join 49 other states in guaranteeing a jury trial in condemnations and require timely payment of “just compensation.”
Please feel welcome to contact our office on any issues of concern. We look forward to hearing from you.
This bill is in response to a 2005 decision by the US Supreme Court, known as Kelo v. New London, which allowed local governments to take private property for economic development. Approval of the amendment by voters would end this authority in NC and guarantee property owners a jury trial to determine just compensation if property is taken for public use.
The proposed amendment to the NC Constitution is as follows: “Private property shall not be taken by eminent domain except for a public use. Public use does not include the taking of property in order to convey an interest in the property for economic development. This paragraph does not apply to the taking of physically blighted properties as defined by general law, nor to takings for access to property. Just compensation shall be paid and, if demanded by the owner, shall be determined by a jury.”
Although the General Assembly, in 2006, revoked much of the authority for local governments to exercise eminent domain for private purposes, a constitutional amendment would preclude future legislative action to loosen these constraints. A considerable majority of the NC House membership believe that the power of government must not be used to take private property except for legitimate public uses. This amendment would also allow North Carolina to join 49 other states in guaranteeing a jury trial in condemnations and require timely payment of “just compensation.”
Please feel welcome to contact our office on any issues of concern. We look forward to hearing from you.