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.
The General Assembly of North Carolina enacts:
SECTION 1.  Article I of the North Carolina Constitution is amended by adding a new section to read:
"Sec. 38.  Eminent domain.
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."
SECTION 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at a statewide election to be conducted on November 6, 2018, which election shall be conducted under the laws then governing elections in the State. The question to be used in the voting systems and ballots shall be:
"[ ] FOR	[ ] AGAINST
Constitutional amendment to prohibit condemnation of private property except for a public use and to provide for the payment of just compensation with right of trial by jury in all condemnation cases."
SECTION 3.  If a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The Secretary of State shall enroll the amendment so certified among the permanent records of that office. The amendment set out in Section 1 of this act becomes effective upon certification and applies to takings after that date.
SECTION 4.  This act is effective when it becomes law.