North Carolina HB 875: Restrict Municipal Eminent Domain.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2015 
 
 
SESSION LAW 2015-240 
HOUSE BILL 875 
 
 
*H875-v-4* 
AN ACT TO REQUIRE CONSENT OF THE COUNTY BOARD OF COMMISSIONERS IN 
ASHE   AND   WATAUGA   COUNTY   FOR PROPERTY   LOCATED IN   THOSE 
COUNTIES BEFORE ANY MUNICIPALITY, SPECIAL DISTRICT, OR OTHER UNIT 
OF   LOCAL   GOVERNMENT   ACQUIRES   BY   CONDEMNATION ANY   REAL 
PROPERTY    LOCATED IN    THE    SAME    COUNTY    AND    OUTSIDE    THE 
MUNICIPALITY, SPECIAL DISTRICT, OR OTHER UNIT OF LOCAL 
GOVERNMENT. 
 
The General Assembly of North Carolina enacts: 
 
SECTION  1.  Chapter  153A  of  the  General  Statutes  is  amended  by  adding  a  new 
section to read: 
"§ 153A-14.5.  Consent of board of commissioners necessary before land outside a unit of 
local government, but within the county where that unit of local government is 
located, may be condemned by that unit of local government. 
(a) Notwithstanding the provisions of Chapter 40A of the General Statutes or any other 
general law or local act conferring the power of eminent domain, before final judgment may be 
entered in any action of condemnation initiated by a city or town, special district, or other unit 
of  local  government,  whereby  the  condemnor  seeks  to  acquire  property  located  in  the  county 
where  the  condemnor  is  located,  but  outside  the  corporate  limits  of  the  condemnor,  the 
condemnor shall furnish proof that the county board of commissioners of the county where the 
land  is  located  has  consented by  resolution,  by  majority  vote  of  all  members  of  the  Board, to 
the taking. 
(b) In addition to the procedure specified in subsection (a) of this section, the following 
shall  indicate proof that  the county  board  of  commissioners  of  the  county  where  the  city  or 
town, special district, or other unit of local government is initiating an action of condemnation 
has consented  to  the  taking, as  required  by  subsection  (a)  of  this  section, with  no  further 
approval of the county board of county commissioners required: 
(1) The  real  property  subject to the condemnation  action  is  located  in  a 
designated  urban  growth  area or zone of  the condemning  entity  that  was 
approved by a prior action of the county board of commissioners. 
(2) The real property subject to the condemnation is located in an extraterritorial 
jurisdiction area, as defined in G.S. 160A-360, of the condemning entity that 
was   approved   by   a   prior   action   of   the   county   board   of   county 
commissioners. 
(c) This  section  does  not  apply  as to  any  condemnation  of  real  property  by  a  city  or 
town, special district, or other unit of local government where the property to be condemned is 
within  the  corporate  limits  of  that  city  or  town,  special  district,  or  other  unit  of  local 
government." 

 
Page 2 Session Law 2015-240 House Bill 875-Ratified 
SECTION 2.  This  act  applies  only  to  Ashe  and  Watauga  counties. This  act is 
effective when it becomes law and applies to condemnations on or after that date. 
In  the  General  Assembly   read  three  times  and  ratified  this  the  17
th
 day  of 
September, 2015. 
 
 
 s/  Philip E. Berger 
  President Pro Tempore Officer of the Senate 
 
 
 s/  Tim Moore 
  Speaker of the House of Representatives