Case Study. State Moves to Limit & Expand Eminent Domain. 2 Ways it would impact roads & rail.

The State: North Carolina Legislature is considering HB 10 which would extend the authority of eminent domain by allowing it to connect customers. 

The bill’s language: “Connection of Customers. – For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers.”

The carrot for private property rights supperters: At the same time HB 10 would limit eminent domain, and the connection of consumers, by requiring a public use for eminent domain.

How this could help roads and rail:

  • transportation has been a traditional eminent domain function, public use
  • defines public use to include connecting customers. 

North Carolina HB 10 (2017)

Carolina Journal | Eminent domain amendment back in play