§ 160A-621. Removal and relocation of utility structures. - North Carolina Statutes

§ 160A‑621. Removal and relocation of utility structures.

(a)        The Authority shall have the power to require any publicutility, railroad, or other public service corporation owning or operating anyinstallations, structures, equipment, apparatus, appliances or facilities in,upon, under, over, across or along any ways on which the Authority has theright to own, construct, operate or maintain its public transportation system,to relocate such installation, structures, equipment, apparatus, appliances or facilitiesfrom their locations, or, in the sole discretion of the affected publicutility, railroad, or other public service corporation, to remove suchinstallations, structures, equipment, apparatus, appliances or facilities fromtheir locations.

(b)        If the owner or operator thereof fails or refuses torelocate them, the Authority may proceed to do so.

(b1)      The Authority shall provide any necessary new locations andnecessary real estate interests for such relocation, and for that purpose thepower of eminent domain as provided in G.S. 160A‑619 may be exercisedprovided the new locations shall not be in, on or above, a public highway; theAuthority may also acquire the necessary new locations by purchase orotherwise.

(b2)      Any affected public utility, railroad or other public servicecorporation shall be compensated for any real estate interest taken in a mannerconsistent with G.S. 160A‑619, subject to the right of the Authority toreduce the compensation due by the value of any property exchanged under thissection.

(b3)      The method and procedures of a particular adjustment to thefacilities of a public utility, railroad or other public service corporationshall be covered by an agreement between the Authority and the affected partyor parties.

(c)        The Authority shall reimburse the public utility, railroador other public service corporation, for the cost of relocations or removalswhich shall be the entire amount paid or incurred by the utility properlyattributable thereto after deducting the cost of any increase in the servicecapacity of the new installations, structures, equipment, apparatus, appliancesor facilities and any salvage value derived from the old installations,structures, equipment, apparatus or appliances. (1989, c. 740, s. 1.)