Bill Summaries: S 214 TRANSPORTATION MAP CORRIDORS/CONDEMNATION.

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  • Summary date: Jun 30 2011 - View Summary

    AN ACT TO LIMIT THE AMOUNT OF TIME LAND MAY BE ENCUMBERED BY A TRANSPORTATION CORRIDOR OFFICIAL MAP BEFORE THE ENTITY ESTABLISHING, ADOPTING, OR AMENDING THE TRANSPORTATION CORRIDOR OFFICIAL MAP IS REQUIRED BY LAW TO PURCHASE THE PROPERTY OR RELEASE THE PROPERTY FROM ANY ENCUMBRANCES DUE TO FILING OF THE CORRIDOR MAP. Summarized in Daily Bulletin 3/3/11 and 6/8/11. Enacted June 23, 2011. Effective December 1, 2011.


  • Summary date: Jun 8 2011 - View Summary

    Senate committee substitute rewrites the 1st edition to delete references to condemnation proceedings and instead apply the restriction on length of time real property can be encumbered by a transportation corridor map to include when the property must be released from encumbrances or purchased (previously applied time limits to either purchase of property or initiation of condemnation proceedings), and makes additional amendments to GS 136-44.51 as follows:
    Amends GS 136-44.51(a) to change notification to transportation officials of filing of a transportation corridor official map to within 10 days of a submittal for corridor map determination as provided for in amendments to subsections (b) and (c) of the statute (previously was within 10 days of request for building permit or subdivision approval).
    Amends GS 136-44.51(b) to require that application for building permits or subdivision plat approval may not be delayed for more than 3 years (was, 18 months) from date of submittal of application for building permit or subdivision plat approval to the appropriate local jurisdiction (was, from the date of the adoption of the transportation corridor map). Adds new requirement that information included in a submittal for a corridor map determination is limited to the property owner’s name, property street address, parcel or tax identification number, vicinity map marking nearby roads and landmarks, parcel sketch showing existing and proposed structures, and proposed property improvement description. If review of the corridor map determination is not complete within 3 years from the date of submittal, the entity that adopted the corridor map will either approve the submittal or initiate property acquisition proceedings; if neither action is taken, the submittal is deemed approved and the property may be treated as being unencumbered and free of any restrictions arising from the corridor map.
    Amends GS 136-44.51 to add a new subsection (c) providing that submittals for corridor map determinations will not be construed as applications for a building permit or subdivision plat approval. Makes the provisions of GS 136-44.51 not applicable to valid building permits issued prior to August 7, 1987, or to building permits issued for buildings and structures existing prior to the filing of a transportation corridor map so long as the size of the building and its occupancy code has not changed. Makes conforming changes to the title.


  • Summary date: Mar 3 2011 - View Summary

    Amends GS 136-44.51(b) as the title indicates. Sets the time limit for the real property to be encumbered by a transportation corridor official map (map) at 18 months from the date of the adoption of the map (was, three years from the date of the original submission of the application for a building permit or subdivision plat approval for real property subject to a valid map). Permits the owner of the real property within the transportation corridor to treat the real property as unencumbered if the entity that adopted the transportation corridor official map has not purchased the property or initiated condemnation proceedings on the property within the 18-month time period. Effective December 1, 2011, and applies to all transportation corridor official maps filed on or after that date.