The NC Senate just introduced the same identical eminent domain amendment (SB 37) as the House amendment (HB 8).
Here’s the brief language:
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. Just compensation shall be paid and, if demanded, shall be
determined by a jury.“
The amendment is a good start, but is inadequate in its current state to provide proper protection for property owners. For example, the state blight law could always be amended to do an end-run around the prohibition against taking property for economic development.
The amendment doesn’t address the Federal Express case and other situations where the government takes private property from one private citizen for the sole and exclusive use of another private citizen, unrelated to economic development.
The legislature should be commended for getting the ball rolling and now the amendment needs to be fixed up.
I provide detailed information on what an amendment needs to cover, as well as a model amendment, in my latest report.
