NC General Statutes

N.C. Gen. Stat. § 157-28 (2026)

Restriction on right of eminent domain; right of appeal preserved; investigation by Utilities Commission

✓ current as of July 2026

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Notwithstanding any finding of public convenience and necessity, either in general or specific, by the terms of this Article, the right of eminent domain shall not be exercised unless and until a certificate of public convenience and necessity for such project has been issued by the Utilities Commission of North Carolina, and the proceedings leading up to the issuing of such certificate of public convenience and necessity, and the right to appeal therefrom shall be as now provided by law and said rights are hereby expressly reserved to all interested parties in said proceedings. In addition to the powers now granted by law to the Utilities Commission of North Carolina, the said Utilities Commission is hereby vested with full power and authority to investigate and examine all projects set up or attempted to be set up under the provisions of this Article and determine the question of the public convenience and necessity for said project. (1935, c. 456, s. 28.)

Notes of Decisions

Cited in 2 cases, 1951–1970 · leading case: Martin v. North Carolina Hous. Corp., 175 S.E.2d 665 (N.C. 1970).

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Martin v. North Carolina Hous. Corp., 175 S.E.2d 665 (N.C. 1970). · cites it 3× “§ 157-11; G.S. § 157-28. Later decisions based on the 1935 Act relate to such procedural requirements and to the selection of sites for housing projects.”

In Re Hous. Auth. of City of Charlotte., 65 S.E.2d 761 (N.C. 1951). “Sections 157-28, -45 and -51. The Housing Authority of the City of Charlotte, acting in 'co-operation with the City of Charlotte, is subject to the provisions set forth in G.”

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