North Carolina 2017-2018 Session Status: Passed House Bipartisan · 10 R · 1 D cosponsors

HB 3 — Eminent Domain.

Last action — Regular Message Received From House

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

28 added · 71 removed

Plain-language change summary

The changes in Bill HB 3 include the addition of a reference to the "GENERAL ASSEMBLY OF NORTH CAROLINA" and minor textual updates that clarify the bill's identification. The removal of the prior version's reference indicates an effort to streamline the document for clarity. These adjustments are important as they ensure the bill is accurately recognized and documented, which is essential for legislative processes.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 3 Committee Substitute Favorable 2/15/17 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 3 Short Title:
Eminent Domain.
Eminent Domain Const.
Amendment.
Representatives McGrady, Lewis, Malone, and Goodman (Primary Sponsors).
January 26, 2017 A BILL TO BE ENTITLED AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES, AND TO MAKE SIMILAR STATUTORY CHANGES.
Judiciary I January 26, 2017 A BILL TO BE ENTITLED AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE AND TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH THE RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES.
G.S.
This act is effective when it becomes law.
40A-3 reads as rewritten:
*H3-v-1*
"§ 40A-3.
By whom right may be exercised.
(a) Private Condemnors.
– For the public use or benefit, use, the persons or organizations listed below shall have the power of eminent domain and may acquire by purchase or condemnation property for the stated purposes and other works which are authorized by law.law:
(1) Corporations, bodies politic or persons have the power of eminent domain for the construction of railroads, power generating facilities, substations, switching stations, microwave towers, roads, alleys, access railroads, turnpikes, street railroads, plank roads, tramroads, canals, telegraphs, telephones,communication facilities, electric power lines, electric lights, public water supplies, public sewerage systems, flumes, bridges, facilities related to the distribution of *H3-v-2* General Assembly Of North Carolina Session 2017 natural gas, and pipelines or mains originating in North Carolina for the transportation of petroleum products, coal, natural gas, limestone or minerals.
Land condemned for any liquid pipelines shall:shall meet both of the following requirements:
a.
Not be less than 50 feet nor more than 100 feet in width;
andwidth.
b.
Comply with the provisions of G.S.
62-190(b).
The width of land condemned for any natural gas pipelines shall not be more than 100 feet.
...
(b) Local Public Condemnors – Standard Provision.
– For the public use or benefit, use, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property, either inside or outside its boundaries, for the following purposes.purposes:
...
(b1) Local Public Condemnors – Modified Provision for Certain Localities.
– For the public use or benefit, use, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property or interest therein, either inside or outside its boundaries, for the following purposes.purposes:
...
(c) Other Public Condemnors.
– For the public use or benefit, use, the following political entities shall possess the power of eminent domain and may acquire property by purchase, gift, or condemnation for the stated purposes.purposes:
...
(d) Connection of Customers.
– For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers." SECTION 5.
Section 4 of this act is effective when it becomes law and applies to takings occurring on or after that date.
The remainder of this act is effective when it becomes law.
Page 2 House Bill 3-Second Edition
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How this bill changes current law

10 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends existing laws regarding eminent domain to ensure that private property can only be taken for public use and establishes the right to just compensation determined by a jury.

  • G.S. 40A-3

    For the public use or benefit, the persons or organizations listed below shall have the power of eminent domain → For the public use or benefit, use, the persons or organizations listed below shall have the power of eminent domain

    Clarifies the language regarding the purpose of eminent domain.

  • G.S. 40A-3

    and may acquire by purchase or condemnation property for the stated purposes and other works which are authorized by law. → and may acquire by purchase or condemnation property for the stated purposes and other works which are authorized by law.law:

    Corrects punctuation and emphasizes authorized purposes.

  • G.S. 40A-3

    communication facilities, → telephones,communication facilities,

    Reorganizes wording for clarity.

  • G.S. 40A-3

    in North Carolina for the transportation of petroleum products, coal, → originating in North Carolina for the transportation of petroleum products, coal,

    Specifies that pipelines must originate in North Carolina.

  • G.S. 40A-3

    Land condemned for any liquid pipelines shall:a. → Land condemned for any liquid pipelines shall:shall meet both of the following requirements:a.

    Clarifies requirement for liquid pipelines regarding width.

  • G.S. 40A-3

    and comply with the provisions of G.S. 62-190(b). → andwidth. b. Comply with the provisions of G.S. 62-190(b).

    Improves clarity of requirements for width and compliance.

  • G.S. 40A-3

    for the public use or benefit, the governing body of each municipality or county shall possess the power of eminent domain → for the public use or benefit, use, the governing body of each municipality or county shall possess the power of eminent domain

    Clarifies the purpose and authority of local public condemnors.

  • G.S. 40A-3

    may acquire by purchase, gift or condemnation any property, either inside or outside its boundaries, for the following purposes: → may acquire by purchase, gift or condemnation any property, either inside or outside its boundaries, for the following purposes.purposes:

    Amends punctuation and clarifies purpose.

  • G.S. 40A-3

    for the public use or benefit, the following political entities shall possess the power of eminent domain → for the public use or benefit, use, the following political entities shall possess the power of eminent domain

    Clarifies the purpose for which political entities can exercise eminent domain.

  • G.S. 40A-3

    and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers. → and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers.

    Clarifies the authority regarding the connection of customers.

Action History

  1. Regular Message Received From House

  2. Passed 1st Reading

  3. Ref To Com On Rules and Operations of the Senate

  4. Passed 2nd Reading

  5. Passed 3rd Reading

  6. Regular Message Sent To Senate

  7. Reptd Fav Com Substitute

  8. Cal Pursuant Rule 36(b)

  9. Placed On Cal For 02/16/2017

  10. Passed 1st Reading

  11. Ref To Com On Judiciary I

  12. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 26 co-sponsors · 150 not signed on · 1 voted No

Sponsors (3)

  • McGrady
  • Lewis
  • Malone

Co-sponsors (26)

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 106 Yea · 7 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 65606
Democratic 13100
Republican 27001
U 1000
Total 106707
% of votes cast 88%6%0%6%
How each member voted (120)
Member Party Vote
Lehman — Nay
McElraft — Yea
Michaux — Yea
Millis — Not Voting
Presnell — Yea
Szoka — Yea
Wray — Yea
Yarborough — Yea
Zachary — Yea
Autry — Nay
Black — Yea
Boswell — Yea
Dobson — Yea
Dulin — Yea
Faircloth — Yea
Farmer-Butterfield — Yea
Fisher — Nay
Floyd — Yea
Fraley — Yea
Garrison — Yea
Gill — Nay
G.Adcock — Yea
L.Bell — Yea
DuaneHall — Yea
G.Graham — Yea
R.Moore — Yea
W.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
BertJones — Yea
Brawley — Yea
BrendenJones — Yea
Beasley — Yea
Bradford — Yea
Bumgardner — Yea
Burr — Yea
Cleveland — Yea
Collins — Yea
Earle — Yea
Goodman — Yea
Hanes — Yea
Holley — Yea
Hunter — Yea
Lucas — Yea
Terry — Yea
DestinHall — Yea
K.Hall — Yea
Johnson — Yea
Malone — Yea
S.Martin — Yea
T.Moore(Speaker) — Yea
Stone — Yea
R.Turner — Yea
Jackson — Nay
G.Martin — Nay
C.Graham — Not Voting
B.Richardson — Not Voting
Boles — Not Voting
Conrad — Yea
Dollar — Yea
Elmore — Yea
Grange — Yea
Hardister — Yea
Henson — Yea
Horn — Yea
Hurley — Yea
Insko — Not Voting
Jordan — Not Voting
Lewis — Yea
McGrady — Yea
McNeill — Yea
Murphy — Yea
Rogers — Yea
Saine — Yea
Speciale — Yea
Steinburg — Yea
Williams — Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Nay
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Not Voting
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea

Official roll call →

Third Reading

Passed 104 Yea · 9 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 63806
Democratic 13100
Republican 27001
U 1000
Total 104907
% of votes cast 87%8%0%6%
How each member voted (120)
Member Party Vote
Lehman — Nay
McGrady — Yea
Michaux — Yea
Millis — Not Voting
Szoka — Yea
Terry — Nay
Wray — Yea
Yarborough — Yea
Zachary — Yea
Autry — Nay
Boswell — Yea
Burr — Yea
Collins — Yea
Conrad — Yea
Dobson — Yea
Faircloth — Yea
Farmer-Butterfield — Yea
Floyd — Yea
Fraley — Yea
Garrison — Yea
Gill — Nay
Henson — Yea
G.Adcock — Yea
L.Bell — Yea
DuaneHall — Yea
Beasley — Yea
Black — Yea
Earle — Yea
Goodman — Yea
Hanes — Yea
Holley — Yea
Hunter — Yea
Lucas — Yea
R.Moore — Yea
W.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
BertJones — Yea
Brawley — Yea
BrendenJones — Yea
DestinHall — Yea
K.Hall — Yea
Johnson — Yea
Malone — Yea
S.Martin — Yea
T.Moore(Speaker) — Yea
Stone — Yea
R.Turner — Yea
Bradford — Yea
Bumgardner — Yea
Cleveland — Yea
Dollar — Yea
Dulin — Yea
Elmore — Yea
Grange — Yea
Hardister — Yea
Horn — Yea
Hurley — Yea
Lewis — Yea
McElraft — Yea
McNeill — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Speciale — Yea
Steinburg — Yea
G.Graham — Nay
Jackson — Nay
G.Martin — Nay
C.Graham — Not Voting
B.Richardson — Not Voting
Boles — Not Voting
Fisher — Nay
Insko — Not Voting
Jordan — Not Voting
Williams — Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Nay
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Not Voting
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 3?
HB 3 is sponsored by Williams, Larry C. Strickland (Republican), Speciale, Mitchell S. Setzer (Republican), Dennis Riddell (Republican), McGrady, Lewis, Frank Iler (Republican), Hurley, Horn, Henson, Grange, Goodman, Jimmy Dixon (Republican), Kevin Corbin (Republican), Conrad, Cleveland, Burr, Boswell, Dean Arp (Republican), Malone, Stone, S. Martin, Bert Jones, Ford, Harry Warren (Republican), Dante Pittman (Democratic), John R. Bell, IV (Republican), and Kyle Hall (Republican).
What is the current status of HB 3?
This bill died with 2017-2018 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 3?
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