NC General Statutes

N.C. Gen. Stat. § 117-18 (2026)

Specific grant of powers

✓ current as of July 2026
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Subject only to the Constitution of the State, a corporation created under the provisions of this Article shall have power to do any and all acts or things necessary or convenient for carrying out the purpose for which it was formed, including, but not limited to:

(1) To sue and be sued.

(2) To have a seal and alter the same at pleasure.

(3) To acquire, hold and dispose of property, real and personal, tangible and intangible, or interests therein, and to pay therefor in cash or on credit, and to secure and procure payment of all or any part of the purchase price thereof on such terms and conditions as the board shall determine.

(4) To render service and to acquire, own, operate, maintain and improve a system or systems.

(5) To pledge all or any part of its revenue or mortgage or otherwise encumber all or any part of its property for the purpose of securing the payment of the principal of and interest on any of its obligations.

(6) The right to apply to the North Carolina Rural Electrification Authority for permission to construct or place any parts of its system or lines in and along any State highway or over any lands that are now, or may be, the property of this State, or any political subdivision thereof. In all questions involving the right-of-way, or the right of eminent domain, the rulings of the North Carolina Rural Electrification Authority are final. Notwithstanding the foregoing sentence and notwithstanding subdivision (7) of G.S. 117-2, electric membership corporations may, without necessity of the Authority's rulings or participation, exercise the right of eminent domain for the purposes of constructing, operating and maintaining electric generating, transmission, distribution and related facilities, individually and solely in their own names, pursuant to the provisions of Chapter 40A of the General Statutes; provided, that notwithstanding G.S. 117-30, the foregoing grant of the power of eminent domain to electric membership corporations shall not apply to telephone membership corporations; and, provided further, that the grant of the power of eminent domain is supplementary to the power of eminent domain already devolved upon the Authority.

(7) To accept gifts or grants of money, property, real or personal, from any person or federal agency, and to accept voluntary and uncompensated services.

(8) To make any and all contracts necessary or convenient for the full exercise of the powers in this Article granted, including, but not limited to, contracts with any person or federal agency, for the purchase or sale of energy; for the management and conduct of the business of the corporation, including the regulation of the rates, fees or charges for service rendered by the corporation.

(9) To sell, lease, mortgage or otherwise encumber or dispose of all or any part of its property, as hereinafter provided.

(10) To contract debts, borrow money, and to issue or assume the payment of bonds.

(11) To fix, maintain and collect fees, rents, tolls and other charges for service rendered.

(12) To perform any and all of the foregoing acts and to do any and all of the foregoing things under, through or by means of its own officers, agents and employees, or by contracts with any person or federal agency.

(13) To extend, construct, operate and maintain power lines into adjacent states.

(14) As to electric membership corporations, to conduct the activities permitted by G.S. 117-18.1. (1935, c. 291, s. 13; 1941, c. 335; 1975, c. 141; 1999-180, s. 1; 2001-487, s. 38(f).)

 

Notes of Decisions
Cited in 6 cases, 1961–2015 · leading case: Duke Power Co. v. Blue Ridge Elec. Membership Corp., 117 S.E.2d 812 (N.C. 1961).
Duke Power Co. v. Blue Ridge Elec. Membership Corp., 117 S.E.2d 812 (N.C. 1961). · cites it 6× “In addition to the general power so delegated, these corporations were given by G.S. § 117-18(6) the specific power, upon approval by the North Carolina Rural Electrification Authority, "to construct or place any parts of its system or lines in and along any State highway or…”
State v. Fearing, 284 S.E.2d 479 (N.C. 1981). · cites it 2× “See 1 Stansbury, supra, §§ 117-18. The officer testified at trial that he had inspected the car again and that it appeared "to be in the same condition today as it was on the 20th of February, 1979 when I examined it.”
City of New Bern v. Carteret-Craven Elec. Membership Corp., 567 S.E.2d 131 (N.C. 2002). · cites it 3× “Defendant Carteret-Craven Electric Membership Corporation (“CCEMC”) is an electric member *125 ship cooperative organized pursuant to chapter 117, article 2 of the North Carolina General Statutes, titled “Electric Membership Corporations,” and authorized under N.C.G.S. § 117-18…”
City of New Bern v. Carteret-Craven Elec. Membership Corp., 548 S.E.2d 845 (N.C. Ct. App. 2001). · cites it 3× “Chapter 117, “Electrification,” and is authorized under N.C.G.S. § 117-18 (1999) to contract for the sale of electric service.”
Time Warner Ent.-Advance/Newhouse P'ship v. Carteret-Craven Elec. Membership Corp., 451 F. Supp. 2d 736 (E.D.N.C. 2006). · cites it 7× “Section 117-18 then discusses specific grants of power.”
Cape Hatteras Elec. Membership Corp. v. Stevenson, 2015 NCBC 34 (N.C. Bus. Ct. 2015). · cites it 2× “G.S. §117-18(6). When the power of eminent domain is exercised, "a duty is imposed on [the] condemnor to pay just compensation for the property taken.”
— N.C. Gen. Stat. § 117-18(4) — 1 case
Time Warner Ent.-Advance/Newhouse P'ship v. Carteret-Craven Elec. Membership Corp., 451 F. Supp. 2d 736 (E.D.N.C. 2006). “Section 117-18 then discusses specific grants of power.”
— N.C. Gen. Stat. § 117-18(6) — 2 cases
Duke Power Co. v. Blue Ridge Elec. Membership Corp., 117 S.E.2d 812 (N.C. 1961). “In addition to the general power so delegated, these corporations were given by G.S. § 117-18(6) the specific power, upon approval by the North Carolina Rural Electrification Authority, "to construct or place any parts of its system or lines in and along any State highway or…”
Cape Hatteras Elec. Membership Corp. v. Stevenson, 2015 NCBC 34 (N.C. Bus. Ct. 2015). “G.S. §117-18(6). When the power of eminent domain is exercised, "a duty is imposed on [the] condemnor to pay just compensation for the property taken.”
— N.C. Gen. Stat. § 117-18(8) — 1 case
Duke Power Co. v. Blue Ridge Elec. Membership Corp., 117 S.E.2d 812 (N.C. 1961). “In addition to the general power so delegated, these corporations were given by G.S. § 117-18(6) the specific power, upon approval by the North Carolina Rural Electrification Authority, "to construct or place any parts of its system or lines in and along any State highway or…”
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