§ 62-190. Right of eminent domain conferred upon pipeline companies; other rights. - North Carolina Statutes

§ 62‑190.  Right ofeminent domain conferred upon pipeline companies; other rights.

(a)        Any pipeline company transporting or conveying natural gas,gasoline, crude oil, coal in suspension, or other fluid substances by pipelinefor the public for compensation, and incorporated under the laws of the State,or foreign corporations domesticated under the laws of North Carolina, mayexercise the right of eminent domain under the provisions of the Chapter,Eminent Domain, and for the purpose of constructing and maintaining itspipelines and other works shall have all the rights and powers given othercorporations by this Chapter and acts amendatory thereof. Nothing herein shallprohibit any such pipeline company granted the right of eminent domain underthe laws of this State from extending its pipelines from within this State intoanother state for the purpose of transporting natural gas or coal in suspensioninto this State, nor to prohibit any such pipeline company from conveying ortransporting natural gas, gasoline, crude oil, coal in suspension, or otherfluid substances from within this State into another state. All such pipelinecompanies shall be deemed public utilities and shall be subject to regulationunder the provisions of this Chapter.

(b)        Liquid pipeline right‑of‑way must be selected toavoid, as far as practicable, areas containing private dwellings, industrialbuildings, and places of assembly.

No liquid pipeline may be located within 50 feet of any privatedwelling, or any industrial building or place of public assembly in whichpersons work, congregate, or assemble, unless it is provided with at least 12inches of cover in addition to that prescribed in Part 195, Title 49, Code ofFederal Regulations.

Any liquid pipeline installed underground must have at least 12 inchesof clearance between the outside of the pipe and the extremity of any otherunderground structure, except that for drainage tile the minimum clearance maybe less than 12 inches but not less than two inches. However, where 12 inchesof clearance is impracticable, the clearance may be reduced if adequateprovisions are made for corrosion control. (1937, c. 280; 1951, c. 1002, s. 3; 1957, c. 1045, s. 2; 1963, c. 1165,s. 1; 1985, c. 696, s. 1; 1998‑128, s. 8.)