§ 160A-651. Removal and relocation of utility structures.
§ 160A‑651. 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, orfacilities from their locations, or, in the sole discretion of the affectedpublic utility, 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.
(c) 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‑649 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.
(d) Any affected public utility, railroad, or other publicservice corporation shall be compensated for any real estate interest taken ina manner consistent with G.S. 160A‑649, subject to the right of theAuthority to reduce the compensation due by the value of any property exchangedunder this section.
(e) 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.
(f) The Authority shall reimburse the public utility, railroad,or 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,appliances, or facilities and any salvage value derived from the oldinstallations, structures, equipment, apparatus or appliances. (1997‑393, s. 1.)