A State-owned railroad company shall have, in addition to the powers of any railroad corporation, the power to:
(1) Lease, license, or improve property. - A State-owned railroad company may lease, license, or improve its right-of-way and property, whether held by easement, presumptive grant, express grant, or otherwise, for the purpose of preserving and protecting its railroad corridor and franchise.
(2) Condemnation in fee simple. - A State-owned railroad company may exercise the power of eminent domain to acquire property in fee simple for the purposes specified in G.S. 40A-3(a)(4). The procedures of Article 2 of Chapter 40A of the General Statutes shall apply to the exercise of the power of eminent domain under this subdivision. (2000-146, s. 7.)
§ 124-13. Effect on State-owned railroad company charter.
Nothing in this Chapter repeals or modifies any State-owned railroad company charter or limits the rights of the shareholders of the company as provided in Chapter 55 of the General Statutes. (2000-146, s. 7.)
§ 124-14: Reserved for future codification purposes.
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2020–2021 · leading case:
SELC v. N.C. R.R. (N.C. 2021).
SELC v. N.C. R.R. (N.C. 2021).
· cites it 9× “RAILROAD 2021-NCSC-84 Opinion of the Court the General Assembly ha[d] seemingly expressed its intent that the [Railroad] should not be considered an agency of the State,” such as the fact that N.C.G.S. § 124-12 authorized the Railroad to exercise the power of eminent domain…”
S. Env't Law Ctr. v. N.C. R.R. Co. (N.C. 2021).
· cites it 9× “RAILROAD 2021-NCSC-84 Opinion of the Court the General Assembly ha[d] seemingly expressed its intent that the [Railroad] should not be considered an agency of the State,” such as the fact that N.C.G.S. § 124-12 authorized the Railroad to exercise the power of eminent domain…”
S. Envtl. Law Ctr. v. N.C. R.R. Co., 2020 NCBC 61 (N.C. Bus. Ct. 2020).
· cites it 9× “In fact, the NCRR derives its condemnation power from N.C.G.S. § 124-12, which gives the NCRR condemnation power “for the purposes specified in G.”
— N.C. Gen. Stat. § 124-12(1) — 1 case
S. Envtl. Law Ctr. v. N.C. R.R. Co., 2020 NCBC 61 (N.C. Bus. Ct. 2020).
“In fact, the NCRR derives its condemnation power from N.C.G.S. § 124-12, which gives the NCRR condemnation power “for the purposes specified in G.”
— N.C. Gen. Stat. § 124-12(2) — 1 case
S. Envtl. Law Ctr. v. N.C. R.R. Co., 2020 NCBC 61 (N.C. Bus. Ct. 2020).
“In fact, the NCRR derives its condemnation power from N.C.G.S. § 124-12, which gives the NCRR condemnation power “for the purposes specified in G.”
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