AUGMENT AGENCY APPEAL RIGHTS.

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View NCGA Bill Details2023-2024 Session
Senate Bill 444 (Public) Filed Thursday, March 30, 2023
AN ACT TO ALLOW FOR APPEAL FROM CERTAIN AGENCY DETERMINATIONS.
Intro. by Moffitt, Sawrey, B. Newton.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 3 2023)

Bill History:

S 444

Bill Summaries:

  • Summary date: Mar 30 2023 - View Summary

    Amends GS 133-17 (pertaining to administrative payments related to eminent domain) to delete language stating that the statute does not create enforceable rights in court with the agency's determination conclusive. Also enacts new subsection GS 133-17(b) providing for the right of a person aggrieved by an agency determination to judicial review in the superior court where the displacement has occurred or will occur after exhaustion of administrative remedies. Sets forth rules and procedures related to exhaustion and judicial review including required content and timing of a petition. Sets out three conditions under which a court may affirm, reverse, or modify the agency's determination. Provides for an appeal of the determination of the superior court. Applies to administrative proceedings for which a final determination is entered on or after the act becomes law.