1/30/2019
The Daily Bulletin: 2019-01-30 | Legislative Reporting Service
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The Daily Bulletin: 2019-01-30
PUBLIC/HOUSE BILLS
H3 (2019-2020) EMINENT DOMAIN. Filed Jan 30 201 9, AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO
PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE, TO PROVIDE FOR THE PAYMENT OF .JUST
COMPENSA TION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMN A TION CASES, AND TO MAKE SIMILAR STATUTORY
CHANGES.
Subject to approval by the voters at the March 2020 primary election, amends Article I of the North Carolina Constitution by
adding a new Sec. 39 to prohibit the taking by eminent domain of private property except for a public use only. Directs that
just compensation be paid to the private property owner and provides that either party may request that the amount of just
compensation be determined by a jury. Provides that if the majority of votes are in favor of the amendment, the State Board of
Elections is to certify the amendment to the Secretaiy of State and the amendment will become effective upon certification and
apply to takings of private property by eminent domain after the certification date.
Amends GS 40A-3(a), (b), and (bl ) to restrict private condemnors and local public condemnors to exercising the power of
eminent domain for a public use only (was. for a public use or benefit). Amends the list of private condemnors permitted to
exercise the power of eminent domain to include corporations, bodies politic, or persons exercising eminent domain for
communication facilities (previously, specified telegraphs and telephones), facilities related to the distribution of natural gas,
and pipelines or mains for the transportation of natural gas (was, gas). Makes additional clarifying changes.
Also amends subsection (c) to limit takings by political entities (other public condemnors) to the exercise of eminent domain
for public use only (was, public use or benefit).
Enacts a new subsection (d) to GS 40A-3 to provide that private condemnors, local public condemnors, and other public
condemnors in subsections (a), (b). (bl ), and (c) of this statute, for the public use. have the power of eminent domain and may
acquire any property for the connection of any customers) via purchase, gift, or condemnation.
Changes to GS 40A-3 are effective when the act becomes law. applying to takings occurring on or after that date.
Intro, by D. Hall, Lewis, Goodman, McGradv.
CONST, GS 40A
Constitution, Courts/Judiciary, Civil, Civil Law:, Development,
Land Use and Housing, Property and Housing, Government,
State Government
View summary
H 5 (2019-2020) CLOSE THE MEDICAID COVERAGE GAP. Filed Jan 30 2019. AN ACT TO CLOSE THE MEDICAID COVERAGE
GAP FOR FAMILIES AND INDIVIDUALS IN NORTH CAROLINA.
Section 1
Repeals Section 3 of SL 2013-5. which prohibited any State entity from expanding Medicaid eligibility as provided in PL 111-
148 (the Affordable Care Act) and SL 201 1-145.
Section 2
Enacts GS 108A-54.3B. providing criteria under which individuals are considered part of the Medicaid coverage gap and are
eligible for Medicaid benefits through an Alternative Benefit Plan established by the Department of Health and Human
Sendees (DHHS), unless the individual is exempt from mandatory enrollment in an Alternative Benefit Plan under 42 CFR
440.3 15. Eligibility is based on income, age, and ineligibility for enrollment in described Medicaid coverage. Mandates that
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