§ 139-44. Power of eminent domain conferred on counties. - North Carolina Statutes

§ 139‑44.  Power ofeminent domain conferred on counties.

(a)        A county shall havethe power to acquire by condemnation any interest in land needed in carryingout the purposes of this act, except interests in land within the boundaries ofany project licensed by the Federal Power Commission or interests in land ownedor held for use by a public utility as defined in G.S. 62‑3. This powermay be exercised only after:

(1)        The county makesapplication to the Soil and Water Conservation Commission, identifying the landsought to be condemned and stating the purposes for which said land is needed;and

(2)        The Soil and WaterConservation Commission finds that the land is sought to be acquired for aproper county purpose. The findings of the Soil and Water ConservationCommission shall be conclusive in the absence of fraud, notwithstanding anyother provision of law.

(b)        The Soil and WaterConservation Commission shall certify copies of its findings to the applicantcounty, the Environmental Management Commission and the clerk of the superiorcourt of the county or counties wherein any part of the project lies forrecordation in the special proceedings thereof.

(c)        For purposes ofthis section:

(1)        The term"interest in land" means any land, right‑of‑way, right ofaccess, privilege, easement, or other interest in or relating to land. Said"interest in land" does not include an interest in land which is heldor used in whole or in part for a public water supply, unless such"interest in land" is not necessary or essential for such uses orpurposes.

(2)        A"description" of land shall be sufficient if the boundaries of theland are described in such a way as to convey an intelligent understanding ofthe location of the land. In the discretion of the applicant county, boundariesmay be described by any of the following methods or any combination thereof: byreference to a map; by metes and bounds; by general description referring tonatural boundaries, or to boundaries of existing political subdivisions ormunicipalities, or to boundaries of particular tracts or parcels of land.

(3)        "Commission"means the Soil and Water Conservation Commission.

(d)        The procedure inall condemnation proceedings pursuant to this section shall conform as nearlyas possible to the procedure provided in Chapter 40A and all acts amendatorythereof.

(e)        Interests in landacquired pursuant to this section may be used in such manner and for suchpurposes as the board of county commissioners deem best. If, in the opinion ofthe board, such lands should be sold, leased or rented, the board may do so,subject to the approval of the Soil and Water Conservation Commission.

(f)         All provisions oflocal acts inconsistent herewith limiting condemnation powers of counties forcounty watershed improvement programs are hereby repealed. (1967,c. 987, s. 5; 1973, c. 1262, s. 38; 1981, c. 326, s. 4; c. 919, s. 19; 1993, c.391, ss. 28, 29.)