§ 40A-5. Condemnation of property owned by other condemnors. - North Carolina Statutes

§40A‑5.  Condemnation of property owned by other condemnors.

(a)        A condemnor listedin G.S. 40A‑3(a), (b) or (c) shall not possess the power of eminentdomain with respect to property owned by the State of North Carolina or a State‑ownedrailroad as defined in G.S. 124‑11 unless the State consents to thetaking. The State's consent shall be given by the Council of State, or by theSecretary of Administration if the Council of State delegates this authority tothe Secretary. In a condemnation proceeding against State property consented toby the State, the only issue shall be the compensation to be paid for theproperty.

(b)        Unless otherwiseprovided by statute a condemnor listed in G.S. 40A‑3(a), (b) or (c) maycondemn the property of a private condemnor if such property is not in actualpublic use or not necessary to the operation of the business of the owner.Unless otherwise provided by statute a condemnor listed in G.S. 40A‑3(b)or (c) may condemn the property of a condemnor listed in G.S. 40A‑3(b) or(c) if the property proposed to be taken is not being used or held for futureuse for any governmental or proprietary purpose. (1981, c. 919, s. 1; 2000‑146,s. 9.)