EMINENT DOMAIN STATUTORY REVISIONS.

View NCGA Bill Details2017-2018 Session
Senate Bill 35 (Public) Filed Tuesday, February 7, 2017
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.
Intro. by B. Jackson.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Feb 8 2017)

Bill History:

S 35

Bill Summaries:

  • Summary date: Feb 7 2017 - More information

    Identical to H 10, filed 1/25/17.

    Amends GS 40A-3(a), (b), and (b1) to restrict private condemnors and local public condemnors to exercising the power of eminent domain for a public use (was, for a public use or benefit). Amends the list of private condemnors permitted to exercise the power of eminent domain to include corporations, bodies politic or persons exercising eminent domain for communication facilities (was, specified telegraphs and telephones), facilities related to the distribution of petroleum products, coal, natural gas, and pipelines or mains (no longer required to originate in North Carolina) for the transportation of petroleum products, coal, natural gas (was, gas), limestone or minerals.

    Also amends subsection (c) to limit takings by political entities (other public condemnors) to the exercise of eminent domain for the public use (was, public use or benefit).

    Enacts a new subsection (d) to GS 40A-3 to provide that private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this statute, for the public use, possess the power of eminent domain and may acquire any property for the connection of any customer(s) via purchase, gift, or condemnation.

    Effective when the act becomes law, applying to takings occurring on or after that date. 


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