§ 40A-1. Exclusive provisions.
Chapter 40A.
Eminent Domain.
Article 1.
General.
§ 40A‑1. Exclusiveprovisions.
(a) Notwithstanding theprovisions of any local act, it is the intent of the General Assembly that,effective August 15, 2006, the uses set out in G.S. 40A‑3 are theexclusive uses for which the authority to exercise the power of eminent domainis granted to private condemnors, local public condemnors, and other publiccondemnors. Effective August 15, 2006, a local act granting the authority toexercise the power of eminent domain to a private condemnor, local publiccondemnor, or other public condemnor for a use or purpose other than thosegranted to it in G.S. 40A‑3(a), (b), (b1), or (c) is not effective forthat use or purpose. Provided that, any eminent domain action commenced beforeAugust 15, 2006, for a use or purpose granted in a local act, may be lawfullycompleted pursuant to the provisions of that local act. The provisions of thissubsection shall not repeal any provision of a local act limiting the purposesfor which the authority to exercise the power of eminent domain may be used.
(b) It is the intent ofthe General Assembly that the procedures provided by this Chapter shall be theexclusive condemnation procedures to be used in this State by all privatecondemnors and all local public condemnors. All other provisions in laws,charters, or local acts authorizing the use of other procedures by municipal orcounty governments or agencies or political subdivisions thereof, or bycorporations, associations or other persons are hereby repealed effectiveJanuary 1, 1982. Provided, that any condemnation proceeding initiated prior toJanuary 1, 1982, may be lawfully completed pursuant to the provisionspreviously existing.
(c) This Chapter shallnot repeal any provision of a local act limiting the purposes for whichproperty may be condemned. Notwithstanding the language of G.S. 40A‑3(b),this Chapter also shall not repeal any provision of a local act creating anysubstantive or procedural requirement or limitation on the authority of a localpublic condemnor to exercise the power of eminent domain outside of itsboundaries. (1981,c. 919, s. 1; 2006‑224, s. 1; 2006‑259, s. 47.)