GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-37
SENATE BILL 149
AN ACT repealing the expiration of an act authorizing the town of apex to use the procedure and authority of chapter 136 of the north carolina general statutes in condemnation proceedings concerning public streets and roads, and allowing use for electric facilities.
The General Assembly of North Carolina enacts:
SECTION 1. Section 3 of S.L. 2003-88 reads as rewritten:
"SECTION 3. This act is effective when it becomes
law. Section 1 of this act expires on December 31, 2008, but civil actions
or special proceedings instituted pursuant to that section on or before
December 31, 2008, shall be completed under the provisions of that section as
if it had not expired."
SECTION 2. Section 6.5 of the Charter of the Town of Apex, being Chapter 356 of the 1985 Session Laws, as added by Chapter 70 of the 1987 Session Laws, and as rewritten by Section 1 of S.L. 2003-88, reads as rewritten:
"Sec. 6.5. Additional Eminent Domain Powers.
Notwithstanding the provisions of G.S. 40A-1, in the exercise of its
authority of eminent domain for the acquisition of property interests
(including, without limitation, fee simple title, rights-of-way, and easements)
to be used for (i) water lines and treatment facilities and facilities,
(ii) sewer lines and treatment facilities, (iii) electric distribution
and transmission facilities, and (iv) opening, widening, extending,
or improving public streets and roads, the town may use the procedure and
authority prescribed in Article 9 of Chapter 136 of the General Statutes of
North Carolina, as now or hereafter amended; provided further, that whenever
therein the words 'Secretary' or 'Secretary of Transportation' appear, they
shall be deemed to include the 'Town Manager', and whenever therein the word
'highway' appears, it is deemed to include 'public works' in accordance with
this section, provided further that nothing herein shall be construed to
enlarge the power of the town to condemn property already devoted to public
use. Provided further, just compensation for the acquisition of fee simple
title or a perpetual easement pursuant to this section to be used for street or
road right-of-way shall be no less than (i) one dollar ($1.00) per square foot
of real property taken, or (ii) the prorated ad valorem tax value of the parent
tract, whichever is less. Just compensation for the acquisition of fee
simple title or a perpetual easement pursuant to this section to be used for
electric distribution and transmission facilities shall be no less than (i)
fifty cents (50¢) per square foot of real property taken, or (ii) one-half the
prorated ad valorem tax value of the parent tract, whichever is less. The
powers granted by this section are in addition to and supplementary to those
powers granted by any local or general law."
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 8th day of May, 2007.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives