News Release: Eminent Domain Amendment Moved to Sponsor's Committee

The following is a news release from Rep. Paul Stam, minority leader in the N.C. House:

Raleigh - On Tuesday, May 15, the Eminent Domain Constitutional Amendment was finally re-referred to the House Judiciary II Committee, chaired by former Speaker Dan Blue (D-Wake), one of the primary sponsors.

Other primary sponsors are Reps. Paul Stam (R-Wake), Jim Harrell (D-Surry) and David Lewis (R-Harnett). As co-sponsors, 92 House members also signed onto the bill in March. Re-referral of the amendment from the Rules Committee to Blue's Judiciary II Committee brought hope to supporters of the proposal.

"It will finally receive a hearing and a vote before next Tuesday's Crossover Deadline," Stam said, the date when most legislation must pass either the House or Senate to be eligible for consideration in the other chamber.

If approved by the General Assembly and the voters in a statewide election November 6.

In 2005 the U.S. Supreme Court decided in Kelo v. New London, Connecticut that local government could condemn private property and transfer it to someone else for economic development, and the hue and cry around the county spread like wildfire. Polls show 80 to 90 percent disapprove of the decision.

The constitutional amendment would reverse the infamous Kelo decision for North Carolina by disallowing condemnation in such case. It would require prompt payment of just compensation and a trial by jury in all condemnation actions as a matter of constitutional right.

The proposed amendment reads:

"Private property shall not be taken except for a public use. Public use does not include the taking of property for the purpose of economic development. The previous sentence does not apply to the taking of property which is blighted as defined by general law. Just compensation shall be promptly paid and, if demanded by the owner, shall be determined by a jury. Nothing in the previous sentence affects transfer of title pending final judgment on the amount of damages if the condemnor has deposited with the court for distribution to the owner its good faith estimate of just compensation, as provided by general law."