Paul Stam

The General Assembly is one step closer to stopping eminent domain abuse in North Carolina.  On Monday night HB 1659, a bill which seeks to protect private property from being taken for the use of economic development, passed its second reading in the House by a margin of 100-14.  It also provides for just compensation to landowners whose land is taken for public purposes.

The bill changes current law by using the “public use” test rather than “public benefit” (now allowed by the N.C. Supreme Court) or “public purpose” used in federal law.  It also brings North Carolina in line with 49 other states by constitutionally requiring trial by jury in contested compensation cases.

The House will take its third vote today.  If it passes, HB 1659 will head to the Senate.  If approved by the Senate voters would see a statewide referendum on the proposed amendment to the state Constitution on the November 2012 ballot.