Bill
HB 310
NC proposes a constitutional amendment limiting eminent domain to public use and guaranteeing jury-determined just compensation on demand.
Status & procedure
- Introduced in the North Carolina General Assembly (House Bill 310), First Edition. Referred to Judiciary 2. Passed first reading. (Filed/referred March 2025; committee activity ongoing.)
- The bill proposes a constitutional amendment that must be submitted to voters at the 2026 general election. If a majority of voters approve, the amendment will be certified and enrolled by the Secretary of State and will apply to takings after certification.
- Text also makes related statutory revisions (G.S. 40A‑3); the bill states Section 4 (statutory changes) is effective when it becomes law and applies to takings on or after that date; the remainder is effective when it becomes law.
Main purpose / intent
- To tighten eminent‑domain protections for private property by (1) adding a new Article I, Section 39 to the North Carolina Constitution that restricts condemnation to “public use” only and (2) guaranteeing that just compensation be paid and be determined by a jury upon request in all condemnation cases.
- To align statutory condemnation authority language with the constitutional limitation.
Key provisions
1. Constitutional amendment (proposed new Article I, Sec. 39)
- “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.”
- This amendment must be approved by North Carolina voters at the 2026 general election.
Submission to voters
Statutory revisions (G.S. 40A‑3 and related)
Who would be affected
- Private property owners: gains an explicit constitutional protection limiting takings to public‑use purposes and an express right to a jury to fix compensation.
- Condemning authorities: state and local governments, utilities, and private entities with statutory condemnation powers may face narrower scope for eminent domain and potentially more jury trials and litigation.
- Courts and juries: likely increase in jury determinations of “just compensation” if parties request jury trials.
- Infrastructure and development projects: projects that rely on condemnation, particularly those involving transfers to private parties or economic‑development takings, could face new legal limits and delays.
Potential impacts and considerations
- Legal standard change: restricting condemnations to “public use” (without explicit wording about “public purpose” or economic development) may curtail some takings previously justified on broader public‑benefit grounds.
- Increased litigation and costs: guaranteed jury determination of compensation may increase litigation, trial frequency, and cost/time to complete condemnations.
- Project uncertainty: utilities, transportation projects, and private entities authorized to condemn may encounter greater uncertainty and potential delays acquiring property.
- Implementation timing: the constitutional change requires voter approval (2026); statutory adjustments would take effect as specified in the bill upon enactment.
Sponsor
- House sponsor(s): Representative Riddell (primary sponsors listed in the bill include Riddell, D. Hall, Arp, and Blust).
Ballot/timeline note
- If the General Assembly adopts the amendment for submission and voters approve it at the 2026 general election, the amendment becomes effective upon certification and applies to takings after that date. Statutory changes in the bill are intended to take effect upon enactment as specified.
Compiled from official sources — confirm details with the bill’s official record.
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