Bill Text: NC S35 | 2017-2018 | Regular Session | Amended
Bill Title: Eminent Domain Statutory Revisions
Spectrum: Partisan Bill (Republican 17-0)
Status: (Introduced - Dead) 2017-02-08 - Ref To Com On Rules and Operations of the Senate [S35 Detail]
Download: North_Carolina-2017-S35-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 35*
Short Title: Eminent Domain Statutory Revisions. |
(Public) |
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Sponsors: |
Senators B. Jackson (Primary Sponsor); Ballard, Bishop, Britt, Brock, Cook, Daniel, J. Davis, Gunn, Krawiec, Lee, McInnis, Newton, Pate, Rabin, and Sanderson. |
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Referred to: |
Rules and Operations of the Senate |
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February 8, 2017
A BILL TO BE ENTITLED
AN ACT to provide that condemnation of private property shall only be for a public use and to expand the purposes for which condemnors may exercise their condemnation powers.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 40A‑3(a) reads as rewritten:
"(a) Private Condemnors.
– For the public use or benefit, use, the persons or
organizations listed below shall have the power of eminent domain and may
acquire by purchase or condemnation property for the stated purposes and other
works which are authorized by law.law:
(1) Corporations, bodies
politic or persons have the power of eminent domain for the construction of
railroads, power generating facilities, substations, switching stations,
microwave towers, roads, alleys, access railroads, turnpikes, street railroads,
plank roads, tramroads, canals, telegraphs, telephones,communication
facilities, electric power lines, electric lights, public water supplies,
public sewerage systems, flumes, bridges, facilities related to the
distribution of natural gas, and pipelines or mains originating in North
Carolina for the transportation of petroleum products, coal, natural gas,
limestone or minerals. Land condemned for any liquid pipelines shall:shall
meet both of the following requirements:
a. Not be less than 50 feet
nor more than 100 feet in width; andwidth.
b. Comply with the provisions of G.S. 62‑190(b).
The width of land condemned for any natural gas pipelines shall not be more than 100 feet.
…."
SECTION 2. G.S. 40A‑3(b) reads as rewritten:
"(b) Local Public
Condemnors – Standard Provision. – For the public use or benefit, use,
the governing body of each municipality or county shall possess the power
of eminent domain and may acquire by purchase, gift or condemnation any
property, either inside or outside its boundaries, for the following purposes.purposes:
…."
SECTION 3. G.S. 40A‑3(b1) reads as rewritten:
"(b1) Local Public
Condemnors – Modified Provision for Certain Localities. – For the public use
or benefit, use, the governing body of each municipality or county
shall possess the power of eminent domain and may acquire by purchase, gift or
condemnation any property or interest therein, either inside or outside its
boundaries, for the following purposes.purposes:
…."
SECTION 4. G.S. 40A‑3(c) reads as rewritten:
"(c) Other Public
Condemnors. – For the public use or benefit, use, the following
political entities shall possess the power of eminent domain and may acquire
property by purchase, gift, or condemnation for the stated purposes.purposes:
…."
SECTION 5. G.S. 40A‑3 is amended by adding a new subsection to read:
"(d) 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."
SECTION 6. This act is effective when it becomes law and applies to takings occurring on or after that date.