North Carolina § 40A-3 - By whom right may be exercised.

§ 40A-3. By whom right may be exercised.

Private Condemnors. - For the public use or benefit, the persons or organizations listed below shall have the power of eminent domain and may acquire by purchase or condemnation property for the stated purposes and other works which are authorized by law. Corporations, bodies politic or persons have the power of eminent domain for the construction of railroads, 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 for the transportation of petroleum products, coal, gas, limestone or minerals. Land condemned for any liquid pipelines shall: Not be less than 50 feet nor more than 100 feet in width; and Comply with the provisions of G.S. 62-190(b). School committees or boards of trustees or of directors of any corporation holding title to real estate upon which any private educational institution is situated, have the power of eminent domain in order to obtain a pure and adequate water supply for such institution. Franchised motor vehicle carriers or union bus station companies organized by authority of the Utilities Commission, have the power of eminent domain for the purpose of constructing and operating union bus stations: Provided, that this subdivision shall not apply to any city or town having a population of less than 60,000. Any railroad company has the power of eminent domain for the purposes of: constructing union depots; maintaining, operating, improving or straightening lines or of altering its location; constructing double tracks; constructing and maintaining new yards and 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. A condemnation in fee simple by a State-owned railroad company for the purposes specified in subdivision (4) of this subsection and as provided under G.S. 124-12(2). Local Public Condemnors - Standard Provision. - For the public use or benefit, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property, either inside or outside its boundaries, for the following purposes. Opening, widening, extending, or improving roads, streets, alleys, and sidewalks. The authority contained in this subsection is in addition to the authority to acquire rights-of-way for streets, sidewalks and highways under Article 9 of Chapter 136. The provisions of this subdivision (1) shall not apply to counties. 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. Establishing, enlarging, or improving parks, playgrounds, and other recreational facilities. Establishing, extending, enlarging, or improving storm sewer and drainage systems and works, or sewer and septic tank lines and systems. Establishing, enlarging, or improving hospital facilities, cemeteries, or library facilities. Constructing, enlarging, or improving city halls, fire stations, office buildings, courthouse jails and other buildings for use by any department, board, commission or agency. Establishing drainage programs and programs to prevent obstructions to the natural flow of streams, creeks and natural water channels or improving drainage facilities. The authority contained in this subdivision is in addition to any authority contained in Chapter 156. Acquiring designated historic properties, designated as such before October 1, 1989, or acquiring a designated landmark designated as such on or after October 1, 1989, for which an application has been made for a certificate of appropriateness for demolition, in pursuance of the purposes of G.S. 160A-399.3, Chapter 160A, Article 19, Part 3B, effective until October 1, 1989, or G.S. 160A-400.14, whichever is appropriate. Opening, widening, extending, or improving public wharves. Local Public Condemnors -. Modified Provision for Certain Localities. - For the public use or benefit, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property or interest therein, either inside or outside its boundaries, for the following purposes. Opening, widening, extending, or improving roads, streets, alleys, and sidewalks. The authority contained in this subsection is in addition to the authority to acquire rights-of-way for streets, sidewalks and highways under Article 9 of Chapter 136. The provisions of this subdivision (1) shall not apply to counties. 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. Establishing, enlarging, or improving parks, playgrounds, and other recreational facilities. Establishing, extending, enlarging, or improving storm sewer and drainage systems and works, or sewer and septic tank lines and systems. Establishing, enlarging, or improving hospital facilities, cemeteries, or library facilities. Constructing, enlarging, or improving city halls, fire stations, office buildings, courthouse jails and other buildings for use by any department, board, commission or agency. Establishing drainage programs and programs to prevent obstructions to the natural flow of streams, creeks and natural water channels or improving drainage facilities. The authority contained in this subdivision is in addition to any authority contained in Chapter 156. Acquiring designated historic properties, designated as such before October 1, 1989, or acquiring a designated landmark designated as such on or after October 1, 1989, for which an application has been made for a certificate of appropriateness for demolition, in pursuance of the purposes of G.S. 160A-399.3, Chapter 160A, Article 19, Part 3, effective until October 1, 1989, or G.S. 160A-400.14, whichever is appropriate. Opening, widening, extending, or improving public wharves. Engaging in or participating with other governmental entities in acquiring, constructing, reconstructing, extending, or otherwise building or improving beach erosion control or flood and hurricane protection works, including, but not limited to, the acquisition of any property that may be required as a source for beach renourishment. Establishing access for the public to public trust beaches and appurtenant parking areas. Other Public Condemnors. - For the public use or benefit, the following political entities shall possess the power of eminent domain and may acquire property by purchase, gift, or condemnation for the stated purposes. A sanitary district board established under the provisions of Part 2 of Article 2 of Chapter 130A for the purposes stated in that Part. The board of commissioners of a mosquito control district established under the provisions of Part 2 of Article 12 of Chapter 130A for the purposes stated in that Part. A hospital authority established under the provisions of Part B of Article 2 of Chapter 131E for the purposes stated in that Part, provided, however, that the provisions of G.S. 131E-24(c) shall continue to apply. A watershed improvement district established under the provisions of Article 2 of Chapter 139 for the purposes stated in that Article, provided, however, that the provisions of G.S. 139-38 shall continue to apply. A housing authority established under the provisions of Article 1 of Chapter 157 for the purposes of that Article, provided, however, that the provisions of G.S. 157-11 shall continue to apply. A corporation as defined 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. A commission established under the provisions of Article 22 of Chapter 160A for the purposes of that Article. An authority created under the provisions of Article 1 of Chapter 162A for the purposes of that Article. A district established under the provisions of Article 4 of Chapter 162A for the purposes of that Article. A district established under the provisions of Article 5 of Chapter 162A for purposes of that Article. The board of trustees of a community college established under the provisions of Article 2 of Chapter 115D for the purposes of that Article. A district established under the provisions of Article 6 of Chapter 162A for the purposes of that Article. A regional public transportation authority established under Article 26 of Chapter 160A of the General Statutes for the purposes of that Article. The width of land condemned for any natural gas pipelines shall not be more than 100 feet. The width of land condemned for any single or double track railroad purpose shall be not less than 80 feet nor more than 100 feet, except where the road may run through a town, where it may 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 acquired under this subsection shall in any way destroy or abridge the rights of the State to regulate or control any railroad company or to regulate foreign corporations doing business in this State. Whenever it is necessary for any railroad company doing business in this State to cross the street or streets in a town or city in order to carry out the orders of the Utilities Commission, to construct an industrial siding, the power is hereby conferred upon such railroad company to occupy such street or streets of any such town or city within the State. Provided, license so to do be first obtained from the board of aldermen, board of commissioners, or other governing authorities of such town or city. No such condemnor shall be allowed to have condemned to its use, without the consent of the owner, his burial ground, usual dwelling house and yard, kitchen and garden, unless condemnation of such property is expressly authorized by statute. The power of eminent domain shall be exercised by private condemnors under the procedures of Article 2 of this Chapter. The board of education of any municipality or county or a combined board may exercise the power of eminent domain under this Chapter for purposes authorized by Chapter 115C of the General Statutes. The power of eminent domain shall be exercised by local public condemnors under the procedures of Article 3 of this Chapter. The board of education of any municipality or county or a combined board may exercise the power of eminent domain under this Chapter for purposes authorized by Chapter 115C of the General Statutes. The power of eminent domain shall be exercised by local public condemnors under the procedures of Article 3 of this chapter. This subsection applies only to 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 Wrightsville Beach, and the Village of Bald Head Island. This subsection, excluding subdivision (11) of this subsection, applies to the Towns of Duck and Southern Shores. The power of eminent domain shall be exercised by a public condemnor listed in this subsection under the procedures of Article 3 of this Chapter. History (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, s. 1; 2003-416, s. 2; 2004-203, s. 32(a), (b); 2006-224, s. 2; 2006-259, s. 47; 2014-86, s. 1; 2017-211, s. 7; 2021-14, s. 1.) Local Modification. - Guilford: 1987, c. 669, s. 3; Iredell: 1985, c. 570, s. 25; Stanly: 1985, c. 433, s. 2; 1989 (Reg. Sess., 1990), c. 839; Wake: 1985, c. 640, s. 1; 1993, c. 137, s. 2; city of Asheville: 1985, c. 556, s. 2; cities of Greensboro and High Point: 1987, c. 669, s. 3; city of Monroe: 1985, c. 177; 2000-35, s. 1; city of Morganton: 1987, c. 265, s. 1; city of Raleigh: 1985, c. 556, s. 2; city of Statesville: 1985, c. 570, s. 25; 1987, c. 265, s. 1; town of Carrboro: 1987, c. 476, s. 1; town of Cary: 1993, c. 137, s. 2; town of Wrightsville Beach: 1993, c. 187, s. 1; Grandfather Village: 1987, c. 419, s. 1; village of Pinehurst: 1985, c. 379, s. 2; Winston-Salem/Forsyth County Utility Commission: 1989 (Reg. Sess., 1990), c. 849. Cross References. - As to the power given railroad companies to condemn land, see G.S. 62-220. As to condemnation of land for school buildings, see G.S. 115C-517. As to the power of local governments and water companies to condemn land for public water systems, see G.S. 130A-319. As to condemning lands for roads, see G.S. 136-19. As to requirement for consent of board of commissioners in certain counties before land may be condemned or acquired by a unit of local government outside the county, see G.S. 153A-15. As to condemnation for drainage ditches, see G.S. 156-1 et seq. Editor's Note. - G.S. 139-38, referred to in subdivision (c)(4), was repealed by Session Laws 1993, c. 391, s. 24, effective July 19, 1993. Session Laws 2001-36, s. 1, amended subsection (b) by substituting "property or interest therein" for "property" in the introductory paragraph and adding subdivision (b)(10) and (b)(11). Section 3 of the act, as amended by Session Laws 2001-478, s. 2, made this amendment applicable only to Carolina Beach, Carteret County, Dare County, and the Towns of Atlantic Beach, Emerald Isle, Holden Beach, Indian Beach, Kill Devil Hills, Kitty Hawk, Kure Beach, Nags Head, North Topsail Beach, Pine Knoll Shores, Surf City, Topsail Beach, and Wrightsville Beach. The amended subdivision (b) was set out as new subsection (b1) at the direction of the Revisor of Statutes. Session Laws 2003-416, s. 2, provides that Session Laws 2002-172 is reenacted. Effect of Amendments. - Session Laws 2004-203, s. 32(a), (b), effective August 17, 2004, added "Standard Provision" to the catchline of subsection (b); added "Modified Provision for Certain Localities" to the catchline of subsection (b1); and made minor punctuation changes. Session Laws 2006-224, s. 2, effective August 15, 2006, in subsections (b) and (b1), substituted "Chapter 115C of the General Statutes" for "other statutes" in the second paragraph. Session Laws 2014-86, s. 1, effective July 25, 2014, added the last sentence in the last paragraph of subsection (b1). Session Laws 2017-211, s. 7, effective October 5, 2017, deleted "originating in North Carolina" following "pipelines or mains" near the end of the first sentence in subdivision (a)(1). Session Laws 2021-14, s. 1, effective April 27, 2021, substituted "Towns of Duck and Southern Shores” for "Town of Duck” in the last paragraph of subsection (b1). Legal Periodicals. - For comment on subdivision (8) of former G.S. 40-2 (substantially the same as subdivision (a)(3) of this section), see 19 N.C.L. Rev. 480 (1941). For comment on possibility of this section imposing a limitation on G.S. 136-19, see 28 N.C.L. Rev. 403 (1950). For note on public use in North Carolina, see 44 N.C.L. Rev. 1142 (1966). For article on recent developments in North Carolina law of eminent domain, see 48 N.C.L. Rev. 767 (1970). For a comment on the acquisition, abandonment, and preservation of rail corridors in North Carolina, see 75 N.C.L. Rev. 1989 (1997). For article, "Forcing Urban Redevelopment To Proceed 'Building by Building' North Carolina's Flawed Policy Response to Kelo v. City of New London," see 85 N.C.L. Rev. 1784 (2007). For article, "Pipeline Companies Target Small Farmers and Use Eminent Domain for Private Gain," see 38 N.C. Cent. L. Rev. 125 (2016).