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ARTICLE · 09 APRIL 2013

NC Considering Eminent Domain Const. Amendment

Fox Rothschild LLP
Fox Rothschild LLP
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The North Carolina House of Representatives has passed legislation to amend the state Constitution to limit certain eminent domain powers.

United StatesReal Estate and Construction

The North Carolina House of Representatives has passed legislation to amend the state Constitution to limit certain eminent domain powers. House Bill 8 would specifically prohibit condemnation of private property except for a public use and provides for the payment of just compensation with right of trial by jury in all condemnation cases. The N.C. House passed the Bill 110-8.

The Bill – an obvious continued reaction to the U.S. Supreme Court decision in Kelo v. New London, Conn. (2005) – would put the constitutional amendment on the General Election ballot in November 2014. It does not appear to change the law other than to specifically include it in that state's constitution.

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