APPROVALS TO EXERCISE THE POWER OF EMINENT DOMAIN

North Carolina Administrative Code

Section: 02 NCAC 59C .0303

Jurisdiction: NC

Bluebook Citation: 02 N.C. Admin. Code 59C .0303

A county and a watershed district may apply to the commission for approvals to exercise the power of eminent domain. Before the commission will approve an applicant's request to condemn land for a proper purpose, that applicant shall provide the commission the following information at least 30 days prior to a commission hearing: (1) a written statement with copies to the division and to the landowners involved, stating the applicant's purpose; (2) a resolution adopted by the local Soil and Water Conservation District supporting the acquisition and identifying each parcel by landowner and by specific watershed development site; (3) a written statement describing efforts made to secure a property interest in each parcel and a copy of the appraisal; (4) a map of the land needed from each specific landowner that shows: (a) the location of the needed land in relation to the specific project site; (b) the location of the needed land in relation to the landowner's total tract; (c) the location of that portion of the land devoted to: (i) the permanent pool; (ii) the flood pool; (iii) other purposes of water storage; if applicable, (iv) the borrow area; (v) the construction work area; and (vi) recreational facilities. History Note: Authority G.S. 106-840; 139-4(d); Eff. September 1, 1982; Transferred from 15A NCAC 06C .0303 Eff. May 1, 2012; Readopted Eff. November 1, 2017.

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