Title: House Bill 162*-Second Edition
Category: Introduced Bill 2007

General Assembly of North Carolina	Session 2007

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
H	2
HOUSE BILL 162*
Committee Substitute Favorable 2/26/07

Short Title:	Apex Condemnation Sunset/Amendments. | (Local)
Sponsors: |
Referred to: |
February 13, 2007

A BILL TO BE ENTITLED
AN ACT repealing the expiration of an act authorizing the town of apex to use the procedure and authority of chapter 136 of the north carolina general statutes in condemnation proceedings concerning public streets and roads, and allowing use for electric facilities.
The General Assembly of North Carolina enacts:
SECTION 1.  Section 3 of S.L. 2003‑88 reads as rewritten:
"SECTION 3. This act is effective when it becomes law. "
SECTION 2.  Section 6.5 of the Charter of the Town of Apex, being Chapter 356 of the 1985 Session Laws, as added by Chapter 70 of the 1987 Session Laws, and as rewritten by Section 1 of S.L. 2003‑88, reads as rewritten:
"Sec. 6.5. Additional Eminent Domain Powers. Notwithstanding the provisions of G.S. 40A‑1, in the exercise of its authority of eminent domain for the acquisition of property interests (including, without limitation, fee simple title, rights‑of‑way, and easements) to be used for (i) water lines and treatment facilities, (ii) sewer lines and treatment facilities, (iii) electric distribution and transmission facilities, and (iv) opening, widening, extending, or improving public streets and roads, the town may use the procedure and authority prescribed in Article 9 of Chapter 136 of the General Statutes of North Carolina, as now or hereafter amended; provided further, that whenever therein the words 'Secretary' or 'Secretary of Transportation' appear, they shall be deemed to include the 'Town Manager', and whenever therein the word 'highway' appears, it is deemed to include 'public works' in accordance with this section, provided further that nothing herein shall be construed to enlarge the power of the town to condemn property already devoted to public use. Provided further, just compensation for the acquisition of fee simple title or a perpetual easement pursuant to this section to be used for street or road right‑of‑way or for electric distribution and transmission facilities shall be no less than (i) one dollar ($1.00) per square foot of real property taken, or (ii) the prorated ad valorem tax value of the parent tract, whichever is less. The powers granted by this section are in addition to and supplementary to those powers granted by any local or general law."
SECTION 3.  This act is effective when it becomes law.

Page 		House Bill 162*-Second Edition

House Bill 162*-Second Edition		Page