GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-239
AN ACT TO PROVIDE QUICK-TAKE PROCEDURES IN EMINENT DOMAIN PROCEEDINGS BY A REGIONAL PUBLIC TRANSPORTATION AUTHORITY.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 40A-42(a) reads as rewritten:
"(a) When a local public
condemner is acquiring property by condemnation for a purpose set out in G.S.
40A-3(b)(1), (4) or (7), or when a city is acquiring property for a purpose set
out in G.S. 160A-311(1), (2), (3), (4), (6), or (7), or when a county is
acquiring property for a purpose set out in G.S. 153A-274(1), (2) or (3), or
when a local board of education or any combination of local boards of education
is acquiring property for any purpose set forth in G.S. 115C-517, or when a
condemner is acquiring property by condemnation as authorized by G.S. 40A-3(c)(8),
(9), (10) or (12), (10), (12), or (13), title to the property and
the right to immediate possession shall vest pursuant to this subsection.
Unless an action for injunctive relief has been initiated, title to the
property specified in the complaint, together with the right to immediate
possession thereof, shall vest in the condemner upon the filing of the
complaint and the making of the deposit in accordance with G.S. 40A-41."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 14th day of June, 2001.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 2:05 p.m. this 23rd day of June, 2001