§ 40A-3. By whom right may be exercised.
§ 40A‑3. By whom rightmay be exercised.
(a) Private Condemnors. For the public use or benefit, the persons or organizations listed belowshall have the power of eminent domain and may acquire by purchase orcondemnation property for the stated purposes and other works which areauthorized by law.
(1) Corporations, bodiespolitic or persons have the power of eminent domain for the construction ofrailroads, power generating facilities, substations, switching stations,microwave towers, roads, alleys, access railroads, turnpikes, street railroads,plank roads, tramroads, canals, telegraphs, telephones, electric power lines,electric lights, public water supplies, public sewerage systems, flumes,bridges, and pipelines or mains originating in North Carolina for thetransportation of petroleum products, coal, gas, limestone or minerals. Landcondemned for any liquid pipelines shall:
a. Not be less than 50feet nor more than 100 feet in width; and
b. Comply with theprovisions of G.S. 62‑190(b).
Thewidth of land condemned for any natural gas pipelines shall not be more than100 feet.
(2) School committees orboards of trustees or of directors of any corporation holding title to realestate upon which any private educational institution is situated, have the powerof eminent domain in order to obtain a pure and adequate water supply for suchinstitution.
(3) Franchised motorvehicle carriers or union bus station companies organized by authority of theUtilities Commission, have the power of eminent domain for the purpose ofconstructing and operating union bus stations: Provided, that this subdivisionshall not apply to any city or town having a population of less than 60,000.
(4) Any railroad companyhas the power of eminent domain for the purposes of: constructing union depots;maintaining, operating, improving or straightening lines or of altering itslocation; constructing double tracks; constructing and maintaining new yardsand terminal facilities or enlarging its yard or terminal facilities;connecting two of its lines already in operation not more than six miles apart;or constructing an industrial siding.
(5) A condemnation infee simple by a State‑owned railroad company for the purposes specifiedin subdivision (4) of this subsection and as provided under G.S. 124‑12(2).
The width of land condemnedfor any single or double track railroad purpose shall be not less than 80 feetnor more than 100 feet, except where the road may run through a town, where itmay be of less width, or where there may be deep cuts or high embankments,where it may be of greater width.
No rights granted or acquiredunder this subsection shall in any way destroy or abridge the rights of theState to regulate or control any railroad company or to regulate foreigncorporations doing business in this State. Whenever it is necessary for anyrailroad company doing business in this State to cross the street or streets ina town or city in order to carry out the orders of the Utilities Commission, toconstruct an industrial siding, the power is hereby conferred upon suchrailroad company to occupy such street or streets of any such town or citywithin the State. Provided, license so to do be first obtained from the boardof aldermen, board of commissioners, or other governing authorities of suchtown or city.
No such condemnor shall beallowed to have condemned to its use, without the consent of the owner, hisburial ground, usual dwelling house and yard, kitchen and garden, unlesscondemnation of such property is expressly authorized by statute.
The power of eminent domainshall be exercised by private condemnors under the procedures of Article 2 ofthis Chapter.
(b) Local PublicCondemnors Standard Provision. For the public use or benefit, the governingbody of each municipality or county shall possess the power of eminent domainand may acquire by purchase, gift or condemnation any property, either insideor outside its boundaries, for the following purposes.
(1) Opening, widening,extending, or improving roads, streets, alleys, and sidewalks. The authoritycontained in this subsection is in addition to the authority to acquire rights‑of‑wayfor streets, sidewalks and highways under Article 9 of Chapter 136. Theprovisions of this subdivision (1) shall not apply to counties.
(2) Establishing,extending, enlarging, or improving any of the public enterprises listed in G.S.160A‑311 for cities, or G.S. 153A‑274 for counties.
(3) Establishing,enlarging, or improving parks, playgrounds, and other recreational facilities.
(4) Establishing, extending,enlarging, or improving storm sewer and drainage systems and works, or sewerand septic tank lines and systems.
(5) Establishing,enlarging, or improving hospital facilities, cemeteries, or library facilities.
(6) Constructing,enlarging, or improving city halls, fire stations, office buildings, courthousejails and other buildings for use by any department, board, commission oragency.
(7) Establishingdrainage programs and programs to prevent obstructions to the natural flow ofstreams, creeks and natural water channels or improving drainage facilities.The authority contained in this subdivision is in addition to any authoritycontained in Chapter 156.
(8) Acquiring designatedhistoric properties, designated as such before October 1, 1989, or acquiring adesignated landmark designated as such on or after October 1, 1989, for whichan application has been made for a certificate of appropriateness fordemolition, in pursuance of the purposes of G.S. 160A‑399.3, Chapter160A, Article 19, Part 3B, effective until October 1, 1989, or G.S. 160A‑400.14,whichever is appropriate.
(9) Opening, widening,extending, or improving public wharves.
The board of education of anymunicipality or county or a combined board may exercise the power of eminentdomain under this Chapter for purposes authorized by Chapter 115C of theGeneral Statutes.
The power of eminent domainshall be exercised by local public condemnors under the procedures of Article 3of this Chapter.
(b1) Local PublicCondemnors Modified Provision for Certain Localities. For the public use orbenefit, the governing body of each municipality or county shall possess thepower of eminent domain and may acquire by purchase, gift or condemnation anyproperty or interest therein, either inside or outside its boundaries, for thefollowing purposes.
(1) Opening, widening,extending, or improving roads, streets, alleys, and sidewalks. The authoritycontained in this subsection is in addition to the authority to acquire rights‑of‑wayfor streets, sidewalks and highways under Article 9 of Chapter 136. Theprovisions of this subdivision (1) shall not apply to counties.
(2) Establishing,extending, enlarging, or improving any of the public enterprises listed in G.S.160A‑311 for cities, or G.S. 153A‑274 for counties.
(3) Establishing,enlarging, or improving parks, playgrounds, and other recreational facilities.
(4) Establishing,extending, enlarging, or improving storm sewer and drainage systems and works,or sewer and septic tank lines and systems.
(5) Establishing,enlarging, or improving hospital facilities, cemeteries, or library facilities.
(6) Constructing,enlarging, or improving city halls, fire stations, office buildings, courthousejails and other buildings for use by any department, board, commission or agency.
(7) Establishingdrainage programs and programs to prevent obstructions to the natural flow ofstreams, creeks and natural water channels or improving drainage facilities.The authority contained in this subdivision is in addition to any authority containedin Chapter 156.
(8) Acquiring designatedhistoric properties, designated as such before October 1, 1989, or acquiring adesignated landmark designated as such on or after October 1, 1989, for whichan application has been made for a certificate of appropriateness fordemolition, in pursuance of the purposes of G.S. 160A‑399.3, Chapter160A, Article 19, Part 3, effective until October 1, 1989, or G.S. 160A‑400.14,whichever is appropriate.
(9) Opening, widening,extending, or improving public wharves.
(10) Engaging in orparticipating with other governmental entities in acquiring, constructing,reconstructing, extending, or otherwise building or improving beach erosioncontrol or flood and hurricane protection works, including, but not limited to,the acquisition of any property that may be required as a source for beachrenourishment.
(11) Establishing accessfor the public to public trust beaches and appurtenant parking areas.
The board of education of anymunicipality or county or a combined board may exercise the power of eminentdomain under this Chapter for purposes authorized by Chapter 115C of theGeneral Statutes.
The power of eminent domainshall be exercised by local public condemnors under the procedures of Article 3of this chapter.
This subsection applies onlyto Carteret and Dare Counties, the Towns of Atlantic Beach, Carolina Beach,Caswell Beach, Emerald Isle, Holden Beach, Indian Beach, Kill Devil Hills,Kitty Hawk, Kure Beach, Nags Head, North Topsail Beach, Oak Island, Ocean Isle Beach,Pine Knoll Shores, Sunset Beach, Surf City, Topsail Beach, and WrightsvilleBeach, and the Village of Bald Head Island.
(c) Other PublicCondemnors. For the public use or benefit, the following political entitiesshall possess the power of eminent domain and may acquire property by purchase,gift, or condemnation for the stated purposes.
(1) A sanitary districtboard established under the provisions of Part 2 of Article 2 of Chapter 130Afor the purposes stated in that Part.
(2) The board ofcommissioners of a mosquito control district established under the provisionsof Part 2 of Article 12 of Chapter 130A for the purposes stated in that Part.
(3) A hospital authorityestablished under the provisions of Part B of Article 2 of Chapter 131E for thepurposes stated in that Part, provided, however, that the provisions of G.S.131E‑24(c) shall continue to apply.
(4) A watershedimprovement district established under the provisions of Article 2 of Chapter139 for the purposes stated in that Article, provided, however, that theprovisions of G.S. 139‑38 shall continue to apply.
(5) A housing authorityestablished under the provisions of Article 1 of Chapter 157 for the purposesof that Article, provided, however, that the provisions of G.S. 157‑11shall continue to apply.
(6) A corporation asdefined in G.S. 157‑50 for the purposes of Article 3 of Chapter 157,provided, however, the provisions of G.S. 157‑50 shall continue to apply.
(7) A commissionestablished under the provisions of Article 22 of Chapter 160A for the purposesof that Article.
(8) An authority createdunder the provisions of Article 1 of Chapter 162A for the purposes of thatArticle.
(9) A districtestablished under the provisions of Article 4 of Chapter 162A for the purposesof that Article.
(10) A districtestablished under the provisions of Article 5 of Chapter 162A for purposes ofthat Article.
(11) The board of trusteesof a community college established under the provisions of Article 2 of Chapter115D for the purposes of that Article.
(12) A districtestablished under the provisions of Article 6 of Chapter 162A for the purposesof that Article.
(13) A regional publictransportation authority established under Article 26 of Chapter 160A of theGeneral Statutes for the purposes of that Article.
The power of eminent domainshall be exercised by a public condemnor listed in this subsection under theprocedures of Article 3 of this Chapter. (1852, c. 92, s. 1; R.C., c. 61, s. 9; 1874‑5,c. 83; Code, s. 1698; Rev., s. 2575; 1907, cc. 39, 458, 783; 1911, c. 62, ss.25, 26, 27; 1917, cc. 51, 132; C.S., s. 1706; 1923, c. 205; Ex. Sess. 1924, c.118; 1937, c. 108, s. 1; 1939, c. 228, s. 4; 1941, c. 254; 1947, c. 806; 1951,c. 1002, ss. 1, 2; 1953, c. 1211; 1957, c. 65, s. 11; c. 1045, s. 1; 1961, c. 247;1973, c. 507, s. 5; c. 1262, s. 86; 1977, c. 771, s. 4; 1981, c. 919, s. 1;1983, c. 378, s. 2; 1983 (Reg. Sess., 1984), c. 1084; 1985, c. 689, s. 10; c.696, s. 2; 1987, c. 2, s. 1; c. 564, s. 13; c. 783, s. 6; 1989, c. 706, s. 3;c. 740, s. 1.1; 2000‑146, s. 8; 2001‑36, ss. 1, 3; 2001‑478,s. 2; 2001‑487, s. 58; 2002‑172, s. 4.1; 2003‑282, ss. 1, 2;2004‑203, s. 32(a), (b); 2006‑224, s. 2; 2006‑259, s. 47.)