Bill Summary for H 875 (2015-2016)

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Summary date: 

Apr 30 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 875 (Local) Filed Tuesday, April 14, 2015
AN ACT TO REQUIRE CONSENT OF THE COUNTY BOARD OF COMMISSIONERS IN ASHE AND WATAUGA COUNTY FOR PROPERTY LOCATED IN THOSE COUNTIES BEFORE ANY MUNICIPALITY, SPECIAL DISTRICT, OR OTHER UNIT OF LOCAL GOVERNMENT ACQUIRES BY CONDEMNATION ANY REAL PROPERTY LOCATED IN THE SAME COUNTY AND OUTSIDE THE MUNICIPALITY, SPECIAL DISTRICT, OR OTHER UNIT OF LOCAL GOVERNMENT.
Intro. by Jordan.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Makes this act a local bill applicable only to Ashe and Watauga counties (was, a public bill, applicable statewide). Deletes amendments to GS 153A-15 and instead enacts new GS 153A-14.5.

Provides that regardless of the provisions of GS Chapter 40A or any other general law or local act that confers the power of eminent domain, before there is a final judgment in an act of condemnation initiated by a city or town, a special district, or other unit of local government, when the condemnor seeks to obtain property located in the same county as the condemnor, but outside the corporate limits of the condemnor, the condemnor must provide proof that the board of commissioners of the county where the land is located has consented by resolution to the taking by a majority vote of all members of the Board.

Also provides additional criteria and circumstances that may be used to indicate proof that the county board of commissioners has consented to the taking.

Provides that this statute does not apply to any condemnation of real property where the property to be condemned is within the corporate limits of that city or town, special district, or other unit of local government.

Rewrites the bill title to conform to the new bill content.

Effective when the act becomes law and applies to condemnations on or after that date.