North Carolina § 40A-1 - Exclusive provisions.

§ 40A-1. Exclusive provisions.

Notwithstanding the provisions of any local act, it is the intent of the General Assembly that, effective August 15, 2006, the uses set out in G.S. 40A-3 are the exclusive uses for which the authority to exercise the power of eminent domain is granted to private condemnors, local public condemnors, and other public condemnors. Effective August 15, 2006, a local act granting the authority to exercise the power of eminent domain to a private condemnor, local public condemnor, or other public condemnor for a use or purpose other than those granted to it in G.S. 40A-3(a), (b), (b1), or (c) is not effective for that use or purpose. Provided that, any eminent domain action commenced before August 15, 2006, for a use or purpose granted in a local act, may be lawfully completed pursuant to the provisions of that local act. The provisions of this subsection shall not repeal any provision of a local act limiting the purposes for which the authority to exercise the power of eminent domain may be used. It is the intent of the General Assembly that the procedures provided by this Chapter shall be the exclusive condemnation procedures to be used in this State by all private condemnors and all local public condemnors. All other provisions in laws, charters, or local acts authorizing the use of other procedures by municipal or county governments or agencies or political subdivisions thereof, or by corporations, associations or other persons are hereby repealed effective January 1, 1982. Provided, that any condemnation proceeding initiated prior to January 1, 1982, may be lawfully completed pursuant to the provisions previously existing. This Chapter shall not repeal any provision of a local act limiting the purposes for which property may be condemned. Notwithstanding the language of G.S. 40A-3(b), this Chapter also shall not repeal any provision of a local act creating any substantive or procedural requirement or limitation on the authority of a local public condemnor to exercise the power of eminent domain outside of its boundaries. History (1981, c. 919, s. 1; 2006-224, s. 1; 2006-259, s. 47.) Local Modification. - Ashe: 2015-240, s. 1 (as to Chapter 40A , and applicable to condemnations on or after September 17, 2015); Watauga: 2015-240, s. 1 (as to Chapter 40A , and applicable to condemnations on or after September 17, 2015); City of Charlotte: 2000-26, s. 1, as amended by 2000-89, s. 1, as amended by 2001-304, s. 1, as amended by 2007-255, s. 1; city of Conover: 1985, c. 422; city of Hickory: 1985, c. 422; city of Rocky Mount: 2003-327, s. 1; city of Wilmington: 1977, c. 495, as amended by 2007-57, s. 1; city of Wilson: 1989, c. 348, s. 1; city of Winston-Salem: 1985, c. 47; 1987, c. 95; town of Fuquay-Varina: 2009-155, s.1; town of Holly Springs: 2005-57, s. 1; town of Maiden: 1985, c. 422; (as to Chapter 40A) Greater Asheville Regional Airport Authority: 2012-121, s. 1.7(c). Cross References. - As to the power given railroad companies to condemn land, see G.S. 62-220. As to condemning land for school buildings, see G.S. 115C-517. As to condemning land for hospitals, see G.S. 131E-10. As to condemnation by the Department of Transportation, see G.S. 136-19, 136-103 et seq. As to condemnation for drainage ditches, see G.S. 156-1 et seq. Editor's Note. - Session Laws 1981, c. 919, s. 1 repealed former Chapter 40 , relating to eminent domain, and enacted this Chapter. The historical citations for corresponding sections of the former chapter have been placed under sections of this Chapter. Annotations derived from cases decided under the former chapter or similar former provisions have been placed under sections of this Chapter. Effect of Amendments. - Session Laws 2006-224, s. 1, effective August 15, 2006, added subsection (a); designated the previously existing paragraphs as subsections (b) and (c), respectively; in subsection (c), in the first sentence, deleted "enlarging or" following "local act" and made a minor stylistic change. Session Laws 2006-259, s. 47, effective August 23, 2006, substituted "August 15, 2006" for "July 1, 2006" three times in subsection (a). Legal Periodicals. - For article on eminent domain in North Carolina, see 35 N.C.L. Rev. 296 (1957). For case law survey as to eminent domain, see 44 N.C.L. Rev. 941, 1003 (1966). For article urging revision and recodification of North Carolina's eminent domain laws, see 45 N.C.L. Rev. 587 (1967). For note on expansion of definition of "taking" in eminent domain proceedings, see 47 N.C.L. Rev. 441 (1969). For article on recent developments in North Carolina law of eminent domain, see 48 N.C.L. Rev. 767 (1970). For survey of 1981 property law, see 60 N.C.L. Rev. 1420 (1982). For survey of 1982 law on property, see 61 N.C.L. Rev. 1171 (1983). For article, "Out of Focus: The Fuzzy Line Between Regulatory 'Takings' and Valid Zoning-Related 'Exactions' in North Carolina and Federal Jurisprudence," see 16 Campbell L. Rev. 333 (1994). For an article on statutory easements by necessity or cartways, see 75 N.C.L. Rev. 1943 (1997). 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' n1: North Carolina's Flawed Policy Response to Kelo v. City of New London," see 85 N.C.L. Rev. 1784 (2007).