North Carolina 2025-2026 Regular Session

North Carolina House Bill HB310

Caption

House Bill 310

Summary

House Bill 310 would amend the North Carolina Constitution to limit eminent domain takings to public use and require just compensation to be determined by a jury if any party requests one. The bill also places the constitutional amendment before voters at the 2026 general election, with the amendment taking effect only if approved by a majority of voters and applying prospectively to takings after certification. In addition to the constitutional change, the bill makes conforming revisions to the state’s eminent domain statute, G.S. 40A-3, to align statutory language with the new public-use standard. The bill retains and restates the categories of entities that may exercise eminent domain, including private condemnors such as utilities and pipeline-related entities, local governments, and other public condemnors, while preserving existing authority for acquiring property by purchase, gift, or condemnation for listed purposes. The statutory changes are effective when the bill becomes law and apply to takings occurring on or after that date.

Impact

HB310 would affect Article I of the North Carolina Constitution by adding a new section on eminent domain and would require a statewide referendum in 2026 before the constitutional amendment can take effect. If approved, it would strengthen property-rights protections by limiting takings to public use and guaranteeing a jury determination of just compensation upon request. The bill also amends G.S. 40A-3, the core eminent domain statute, to conform terminology and preserve the framework governing who may condemn property and for what purposes, including utilities, municipalities, counties, and other public entities.

Sentiment

No committee transcript or vote record is provided, so there is no direct evidence of debate or recorded support/opposition in the materials supplied. Based on the bill text, the measure appears to be a property-rights and eminent-domain reform proposal, which typically draws support from landowners and opponents from entities that rely on condemnation authority. The referral to Judiciary 2 and Housing and Development suggests it was still in the early committee process at the time of the provided status.

Contention

The main point of contention is likely the scope of eminent domain power: supporters would favor restricting government and private condemnors to true public use and giving property owners a jury trial right on compensation, while opponents may argue the bill could complicate infrastructure, utility, and local development projects that depend on condemnation authority. Another likely issue is the constitutional referendum itself, since the amendment would require voter approval in 2026 before becoming effective. The bill also preserves condemnation authority for pipelines, utilities, roads, and other listed uses, so disputes may center on whether those uses always qualify as public use under the new constitutional language.

Companion Bills

No companion bills found.

Previously Filed As

NC H310

Eminent Domain

NC HB212

House Bill 212

NC HB5886

Insurance: no-fault; coverage and benefits; make miscellaneous changes. Amends secs. 3101, 3104, 3107c, 3107d, 3114, 3135 & 3172 of 1956 PA 218 (MCL 500.3101 et seq.) & repeals 3107d of 1956 PA 218 (MCL 500.3107d). TIE BAR WITH: HB 5887'26, HB 5888'26, HB 5889'26

NC SB0579

Natural resources: other; certain fees in the natural resources and environmental protection act; modify. Amends secs. 3104, 3110, 3118, 3120, 4104, 11153, 30104, 30109, 32312 & 32513 of 1994 PA 451 (MCL 324.3104 et seq.).

NC HB1108

House Bill 1108 (=S815)

NC HB223

House Bill 223

NC HB1105

House Bill 1105

NC HB209

House Bill 209

NC HB948

House Bill 948 / SL 2025-39

NC HB300

House Bill 300

Similar Bills

No similar bills found.