Bill Summary for H 211 (2021-2022)
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AN ACT TO RECODIFY AND CLARIFY THE STATUTES GOVERNING COMMON AREA ENTERTAINMENT PERMITS AND SOCIAL DISTRICTS AND TO CLARIFY A REAL PROPERTY OWNER DENIED WATER OR SEWER SERVICE TO PROPERTY SUBJECT TO AN ANNEXATION AGREEMENT BETWEEN LOCAL GOVERNMENTS IS ALLOWED TO SEEK OTHER SERVICE OR PETITION THE COURT FOR RELIEF.Intro. by Moffitt, Setzer, Mills, Zenger.
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Senate amendment to the 5th edition makes the following changes.
Adds the following new content.
Enacts GS 160A-317(e) to allow the owner of real property subject to an annexation agreement under Part 6, Article 4A (annexation agreements) or an interlocal cooperation agreement under Article 20 (interlocal cooperation agreements) of GS Chapter 160A who is denied connection to water or sewer by a city to seek to obtain water or sewer from any other unit of local government. Grants the owner standing to petition the court for an order of appropriate relief in the instance that a court order impacts the provision of water or sewer to the real property, and requires the court to set the petition for hearing. Defines impacts to include any effect or ramification that prevents the owner of real property from seeking voluntary annexation by a city capable of providing water or sewer to that real property.
Enacts identical provisions in new GS 154A-284(d), applicable to counties, allowing owners of real property subject to an interlocal cooperation agreement under Article 20, GS Chapter 160A that is denied connection to water or sewer by a county to seek to obtain water or sewer from any other unit of local government. Includes standing to petition a court for appropriate relief if a court order impacts the provision of water or sewer to real property.
Applies to court orders, annexation agreements, and interlocal agreements existing on or after the date the act becomes law.
Changes the act's long title.