NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 21

HOUSE BILL 49

 

AN ACT TO AMEND G.S. 153A-159 SO AS TO AUTHORIZE COUNTIES TO USE THE PROCEDURE PROVIDED IN ARTICLE 9 OF CHAPTER 136 OF THE GENERAL STATUTES IN ACQUIRING LANDS, EASEMENTS, PRIVILEGES, RIGHTS-OF-WAY AND OTHER INTERESTS FOR PUBLIC PURPOSES IN THE EXERCISE OF THE POWER OF EMINENT DOMAIN, AND PROVIDING THAT THIS ACT SHALL APPLY ONLY TO CABARRUS COUNTY.

 

The General Assembly of North Carolina enacts:

 

Section 1. Section 153A-159 of the General Statutes of North Carolina is hereby amended by adding thereto as a new paragraph the following words and figures:

"The procedures provided in Article 9 of Chapter 136 of the General Statutes shall be applicable in the case of acquisition by a county of lands, easements, privileges, rights-of-way, and other interests in real property for sewer lines, water lines, electric power lines, and other utility lines in the exercise of the power of eminent domain. Whenever the words 'Board of Transportation' appear in Article 9 of Chapter 136 of the General Statutes they shall be deemed to include 'county' or 'County Commissioners', and wherever the words 'Administrator', 'Administrator of Highways', 'Administrator of the Board of Transportation', or 'Chairman of the Board of Transportation' appear in Article 9 of Chapter 136 of the General Statutes they shall be deemed in include 'clerk to the board of commissioners'."

Provided, however, that the provisions of this section shall not apply with regard to properties owned by public service corporations as defined in G.S. 160A-243(c) unless the exercise of such power of 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 the operation by such public service corporation.

Sec. 2. This act shall apply only to Cabarrus County.

Sec. 3. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 27th day of February, 1975.