§ 157-45. Restrictions on exercise of right of eminent domain; duties of Utilities Commission; investigation of projects. - North Carolina Statutes

§ 157‑45. Restrictions on exercise of right of eminent domain; duties of UtilitiesCommission; investigation of projects.

Notwithstanding any finding of public convenience and necessity, eitherin general or specific, by the terms of this Article, the right of eminentdomain shall not be exercised unless and until a certificate of publicconvenience and necessity for such project has been issued by the UtilitiesCommission of North Carolina, and the proceedings leading up to the issuing ofsuch certificate of public convenience and necessity, and the right to appealtherefrom shall be as now provided by law and said rights are hereby expresslyreserved to all interested parties in said proceedings. In addition to thepowers now granted by law to the Utilities Commission of North Carolina, thesaid Utilities Commission is hereby vested with full power and authority toinvestigate and examine all projects set up or attempted to be set up under theprovisions of this Article and determine the question of public convenience andnecessity for said project. (1935, c. 408, s. 6.)