§ 136-44.53. Advance acquisition of right-of-way within the transportation corridor. - North Carolina Statutes

§ 136‑44.53.  Advanceacquisition of right‑of‑way within the transportation corridor.

(a)        After atransportation corridor official map is filed with the register of deeds, aproperty owner has the right of petition to the filer of the map foracquisition of the property due to an imposed hardship. The Department ofTransportation, the regional public transportation authority, the regionaltransportation authority, or the local government that initiated thetransportation corridor official map may make advanced acquisition of specificparcels of property when that acquisition is determined by the respectivegoverning board to be in the best public interest to protect the transportationcorridor from development or when the transportation corridor official mapcreates an undue hardship on the affected property owner. The procedureestablished by a regional public transportation authority or a regionaltransportation authority pursuant to subsection (b) of this section shallprovide for a hearing de novo by the Department of Transportation for anyrequest for advance acquisition due to hardship that is denied by an authority.All hearings held by the Department under this subsection shall be conducted inaccordance with procedures established by the Department pursuant to subsection(b) of this section. Any decision of the Department pursuant to this subsectionshall be final and binding. Any property determined eligible for hardshipacquisition shall be acquired within three years of the finding or the restrictionsof the map shall be removed from the property.

(b)        Prior to making anyadvanced acquisition of right‑of‑way under the authority of thisArticle, the Board of Transportation or the respective governing board whichinitiated the transportation corridor official map shall develop and adoptappropriate policies and procedures to govern the advanced acquisition of right‑of‑wayand to assure that the advanced acquisition is in the best overall publicinterest.

(c)        When a localgovernment makes an advanced right‑of‑way acquisition of propertywithin a transportation corridor official map for a street or highway that hasbeen determined to be a State responsibility pursuant to the provisions of G.S.136‑66.2, the Department of Transportation shall reimburse the localgovernment for the cost of any advanced right‑of‑way acquisition atthe time the street or highway is constructed. The Department of Transportationshall have no responsibility to reimburse a municipality for any advanced right‑of‑wayacquisition for a street or highway that has not been designated a Stateresponsibility pursuant to the provisions of G.S. 136‑66.2 prior to theinitiation of the advanced acquisition by the city. The local government shallobtain the concurrence of the Department of Transportation in all instances ofadvanced acquisition.

(d)        In exercising theauthority granted by this section, a local government is authorized to expendits funds for the protection of rights‑of‑way shown on a dulyadopted transportation corridor official map whether the right‑of‑wayto be acquired is located inside or outside the municipal corporate limits.  (1987, c. 747, s. 19; 1998‑184,s. 1; 2008‑180, s. 5; 2008‑187, s. 47.7.)