North Carolina Legislature Re-introduces Eminent Domain Legislation


North Carolina Representative Chuck McGrady, in again introducing legislation to limit eminent domain actions, faces the same uphill battle. In a reasonable legislative process, frequently one House of the legislature will pass a proposal, with the second House not even looking at the proposal. This has been a constant problem in North Carolina in its numerous legislative attempts to follow the constrains of Kelo and seek limitations on acquisition for the private benefits.

McGrady introduces eminent domain legislation

Published: Monday, February 4, 2013 at 5:21 p.m.
Last Modified: Monday, February 4, 2013 at 5:21 p.m.

N.C. Rep. Chuck McGrady, (R-Henderson), has introduced legislation to amend the state Constitution to limit government's use of its powers of eminent domain. House Bill 8 would specifically prohibit condemnation of private property except for a public use and provide for the payment of just compensation with right of trial by jury in all condemnation cases.

McGrady co-sponsored a similar bill last session that passed the House with bipartisan support, but was never taken up by the Senate. This session, McGrady is the lead sponsor of the legislation and has already begun to work on getting it heard in the Senate after it passes the House.

"I've talked to Senate leadership, including Senator Apodaca (R-Henderson), and I'm expecting that the Senate will take up the bill this session if the House once again passes it with bipartisan support," he said.

McGrady's bill would put the constitutional amendment on the General Election ballot in November 2014.

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