Bill Summary for S 539 (2017-2018)

Printer-friendly: Click to view

Summary date: 

Mar 30 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 539 (Public) Filed Thursday, March 30, 2017
Intro. by Cook, Sanderson, Brock.

View: All Summaries for BillTracking:

Bill summary

Amends GS 40A-3 to give the specified organizations the power of eminent domain for public use (was, public use or benefit) purposes. Allows corporations, bodies politic, or persons with the power of eminent domain to construct specified structures; amends those structures by removing the construction of telegraphs and telephones and instead allows the exercise of eminent domain to construction of communication facilities and facilities related to the distribution of natural gas. No longer limits the use of eminent domain to the construction of pipelines or mains to those originating in the state and limits construction of pipelines or mains transporting gas to those transporting natural gas. Makes clarifying changes.

Amends GS 40-3 to limit a city or county governing board's, and political entities', power of eminent domain to when it is exercised for public use (was, public use or benefit). Adds that for the public use, private condemnors, local public condemnors, and other listed public condemnors must possess the power of eminent domain and may acquire any property for the connection of any customer or customers by purchase, gift, or condemnation.

Repeals Part 2G (plastic bag management) of Article 9 of GS Chapter 130A, as the title indicates. Makes conforming changes to GS 130A-22 by removing related penalty provisions. Repeals Section 13.10(c) of SL 2010-31 (requiring in part that the Division of Waste Management and the Division of Environmental Assistance and Outreach monitor plastic bag use reduction resulting from Part 2G and report on the ban’s impacts to the Environmental Review Commission on or before January 15, 2012). Effective July 1, 2017.

Includes a severability clause.