NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 365

HOUSE BILL 566

 

AN ACT TO AMEND THE CHARTER OF THE CITY OF ROCKY MOUNT.

 

The General Assembly of North Carolina enacts:

 

Section 1. Chapter 938, Session Laws of 1963, constituting the revised Charter of the City of Rocky Mount is hereby amended by amending Chapter IX, Article 1, Section 360, to read as follows:

"Sec. 360. Condemnation procedure; interest acquired. - (a) The city shall possess the power of eminent domain, and may acquire, either by purchase, gift, devise or condemnation, any land, right of access, right-of-way, water right, privilege, easement, or any other interest in or relating to land, water or improvements thereon, either within or beyond the city limits, for the furtherance of any power granted the city herein or any other lawful use or purpose, including but not limited to those uses and purposes specified in Article 1 of Chapter 40, Article 3 of Chapter 40, Article 3A of Chapter 136 and Article 11 of Chapter 160A of the North Carolina General Statutes.

Unless otherwise expressly provided in the condemnation resolution or petition, condemnation shall vest in the city an estate in fee simple absolute to the interest acquired.

(b)       In exercising the power of eminent domain, the city may in its discretion use the condemnation procedure hereinafter provided in this Article or the procedure provided in Article 2 of Chapter 40 of the North Carolina General Statutes, or the procedure provided in Article 11 of Chapter 160A of the North Carolina General Statutes, or the procedure provided in Article 9 of Chapter 136 of the North Carolina General Statutes. Whenever the city shall choose to use the condemnation procedure prescribed in Article 9 of Chapter 136, the provisions of Article 9 shall be read and applied as if the words 'Board of Transportation' were 'City of Rocky Mount', as if the words 'Chairman' and 'Director of Highways' were 'City Manager' and as if the procedures therein were applicable to the exercise of the eminent domain power for any of the aforementioned furtherances, uses or purposes of the city instead of the highway purpose of the Board of Transportation.

(c)       Water rights or other interests relating to water may be condemned under the procedures set forth in this Article for the condemnation of land and interest therein.

(d)       If the city desires to condemn properties owned by a public service corporation as defined in G.S. 160A-243(c) then the provisions of this section shall not apply with regard to that condemnation unless the exercise of such eminent domain is either consented to by the owner of the property to be acquired by the city or, otherwise, first adjudicated after notice and a hearing that such acquisition will not prevent or unreasonably impair the continued devotion to the public use of such properties and their operation by such public service corporation."

Sec. 2. Section 362 of Chapter IX, Article 1, is hereby amended by designating the existing paragraph as subparagraph (a) and adding a new subparagraph (b) to read as follows:

"(b)      In any case where such owner of the land proposed to be condemned or of any interest therein is a minor, an insane person, or otherwise under any disability, the copy of said resolution shall be served upon his guardian, and service upon such guardian shall be sufficient without service upon the minor, insane person, or person under disability. Thereafter such guardian may exercise, on behalf of his ward, with respect to such condemnation proceeding all the powers and duties conferred upon such person as owner."

Sec. 3. Chapter IX, Article 1, is further amended by deleting Section 375.

Sec. 4. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 22nd day of May, 1975.