§ 63A-6. Acquisition, disposition, or exchange of real property.
§ 63A‑6. Acquisition,disposition, or exchange of real property.
(a) General. TheAuthority may acquire real property by purchase, negotiation, gift, devise, oreminent domain. Any acquisition by eminent domain by the Authority of realproperty or an estate or interest in real property must be reviewed andapproved by the Council of State before it can become effective. When theAuthority acquires real property owned by the State, the Secretary of theDepartment of Administration shall execute and deliver to the Authority a deedtransferring fee simple title to the property to the Authority.
(b) Eminent Domain. Toexercise the power of eminent domain, the Authority shall commence a proceedingin its name and may follow any procedure set by law by which a State agency ora political subdivision of the State may exercise the power of eminent domain.The Authority's exercise of the power of eminent domain is subject to reviewand approval by the Council of State.
The Authority's power ofeminent domain applies to all property, including property that is owned by aState agency or a political subdivision of the State and is already devoted toa specific use other than as an airport established under Chapter 63 of theGeneral Statutes. The Authority may acquire by eminent domain property that isowned by a political subdivision and is used as an airport established underChapter 63 of the General Statutes only after obtaining the approval of thegoverning body of each political subdivision that established the airport. TheAuthority may not begin an eminent domain proceeding before it obtains theCouncil of State's approval for the acquisition of the property to becondemned.
(c) Exchange. TheAuthority may exchange any property it acquires for other property usable incarrying out the powers conferred on the Authority and also, upon the paymentof just compensation, may remove a building, a terminal, or another structurefrom land needed for its purposes and reconstruct the structure on anotherlocation. The Authority may not use the power of eminent domain to acquireproperty for exchange.
(d) Site Selection. Inselecting a site for a cargo airport complex, the Authority shall considercomprehensive plans and land‑use regulations adopted by local governmentsand the capability of local governments to provide services as specified insubdivisions (1) through (3) of this subsection. This subsection shall not beconstrued to require the Authority to comply with any local ordinance,regulation, or plan except as may be otherwise specifically provided by federalor State law, regulation, or rule. Plans, regulations, and capabilities to beconsidered are:
(1) Local comprehensiveplans, including education, emergency response, law enforcement, water supply,stormwater management, solid waste management, and wastewater treatment.
(2) Local land useregulations, including appearance, floodplain zoning, subdivision zoning, andwatershed protection elements.
(3) The capability oflocal governments to provide services and manage growth and development relatedto establishment of a cargo airport complex. (1991, c. 749, s. 1; 1991(Reg. Sess., 1992), c. 900, s. 108(f), (g).)