§ 40A-80. Applicability of Article; definition. - North Carolina Statutes

Article 6.

Condemnation of PropertyEncumbered by a Conservation Easement.

§ 40A‑80.  Applicabilityof Article; definition.

(a)        Applicability. –

(1)        The provisions ofthis Article shall apply only to a condemnation action initiated by a publiccondemnor, which for purposes of this Article shall be any entity exercisingthe power of eminent domain under any authority except G.S. 40A‑3(a).

(2)        Except with respectto G.S. 40A‑84, the provisions of this Article shall not apply to thosecircumstances in which: (i) the terms of the conservation easement provide anexpress exception for uses, purposes, and rights that may be subject tocondemnation in the future, or circumstances in which the condemnation actionto be taken would not extinguish, restrict, or impair the property rights ofthe holder of the conservation easement. "Property rights" as usedherein shall include the purposes for which the easement was created; and (ii)a local public condemnor or other public condemnor under G.S. 40A‑3 isconstructing, enlarging, or improving electric distribution systems; gasproduction, storage, transmission, and distribution systems; water supply anddistribution systems; wastewater collection, treatment, and disposal systems ofall types; storm sewer and drainage systems; or trails associated withgreenways. In condemnation actions exempt pursuant to this subdivision, acondemnor shall make reasonable efforts, after completion of the project forwhich the condemnation was undertaken, to return the property to the conditionthat the property existed in prior to condemnation to the extent practicable.

(b)        Definition. – Asused in this Article, the term "conservation easement" means aconservation or historic preservation easement that meets all of the followingcriteria, as each of the criteria are defined under 26 U.S.C. § 170(h): (i) aqualified real property interest, (ii) held by a qualified organization, and(iii) exclusively for conservation purposes.  (2009‑439, s. 1.)