§ 143-215.42. Acquisition of lands. - North Carolina Statutes

§ 143‑215.42. Acquisition of lands.

(a)        For the purpose of complying with the terms of localcooperation as specified in this Part, and as stipulated in the congressionaldocument covering the particular project involved, any county, municipality,other local government unit or the State of North Carolina, acting on behalf ofthe Commission, may acquire the necessary lands, or interest in lands, bylease, purchase, gift or condemnation. A municipality, county or other localgovernment unit may acquire such lands by any of the aforesaid means outside aswell as inside its territorial boundaries, if the local governing body findsthat substantial benefits will accrue to property inside such territorialboundaries as a result of such acquisition.

(b)        The power of condemnation herein granted to counties,municipalities and other local government units may be exercised only after:

(1)        The municipality, county or other local unit makesapplication  to the Commission, identifying the land sought to be condemned andstating the purposes for which said land is needed; and

(2)        The Commission finds that the land is sought to be acquiredfor a proper purpose within the intent of this Part. The findings of theCommission will be conclusive in the absence of fraud, notwithstanding anyother provision of law.

(c)        The Department shall certify copies of the Commission'sfindings to the applicant municipality, county, or other local unit, and to theclerk of superior court of the county or counties wherein any of the land soughtto be condemned lies for recordation in the special proceedings thereof.

(d)        For purposes of this section:

(1)        The term "interest in land" means any land, right‑of‑way,rights of access, privilege, easement, or other interest in or relating toland. Said "interest in land" does not include an interest in landwhich is held or used in whole or in part for a public water supply, unlesssuch "interest in land" is not necessary or essential for such usesor purposes.

(2)        A "description" of land shall be sufficient if theboundaries of the land are described in such a way as to convey an intelligentunderstanding of the location of the land. In the discretion of the applicant,boundaries may be described by any of the following methods or by anycombination thereof: by reference to a map; by metes and bounds; by generaldescription referring to natural boundaries, or to boundaries of existingpolitical subdivisions or municipalities, or to boundaries of particular tractsor parcels of land.

(e)        The procedure in all condemnation proceedings pursuant tothis section shall conform as nearly as possible to the procedure provided inArticle 3 of Chapter 40A of the General Statutes.

(f)         Interests in land acquired pursuant to this section may beused in such manner and for such purpose as the condemning authority deemsbest. If the local government unit so determines, such lands may be sold,leased, or rented, subject to the prior approval of the Commission. The Statemay sell, lease or rent any lands acquired by it, and if the Commission isparticipating with any local government unit or units in a water resourcesproject under this Article, may convey such lands or interests to the unit orunits as a part of its participation therein.

(g)        This section is intended to confer supplementary andadditional authority, and not to confer exclusive authority nor to imposecumulative requirements. If a municipality, county or other local governmentunit is authorized to acquire lands or interests in lands by some other law(such as by General Statutes Chapter 139, 153A, 160A, or 162A) as well as bythis section, compliance with the requirements of this section or therequirements of such other law will be sufficient.

(h)        This section shall not authorize acquisition by condemnationof interests in land within the boundaries of any project to be constructed bythe Tennessee Valley Authority, its agents or subdivision or any projectlicensed by the Federal Power Commission or interests in land owned or held foruse by a public utility, as defined in G.S. 62‑3. No commission createdpursuant to G.S. 158‑8 shall condemn or acquire any property to be usedby the Tennessee Valley Authority, its agents or subdivision. (1969, cc. 724, 968; 1973, c. 621, ss. 2‑4; c.1262, s. 23; 1977, c. 771, s. 4; 1987, c. 827, ss. 154, 181.)