N.C. Gen. Stat. » Chapter 40A

N.C. Gen. Stat. § 40A-1

Exclusive provisions

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(a) 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.

(b) 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governments or agencies or political subdivisions thereof, or by corporations, associations or other persons are hereby repealed effective January 1, 1982.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.

(c) 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. (1981, c. 919, s. 1; 2006-224, s. 1; 2006-259, s. 47.)

 

Notes of Decisions
Cited in 15 cases, 1985–2018 · leading case: Wilkie v. City of Boiling Spring Lakes
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Wilkie v. City of Boiling Spring Lakes (2018) nc · cites it 7× “§ 40A-51, since "listed in N.C.G.S. § 40A-3(b) or (c)" could modify either the entire phrase "enumerated acts or omissions **546 of condemnors" or nothing more than "condemnors.”
Department of Transportation v. Rowe (2001) nc · cites it 3× “” N.C.G.S. § 40A-1 (1999). The statute further provides for the repeal of all other provisions in laws, charters, or local acts authorizing different procedures.”
Virginia Electric and Power Co. v. Tillett (1986) nc · cites it 6× “§ 40A-1 (1984) which states in pertinent part: 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…”
TOWN OF MIDLAND v. Morris (2011) ncctapp · cites it 2× “§ 40A-8(b) (2009) (stating that if final judgment is that the condemnor is not authorized to condemn the property, the court with jurisdiction over the action shall award each owner of the property a sum that will reimburse the owner for his costs in defending the action); see…”
Nelson v. Town of Highlands (2003) ncctapp · cites it 4× “This Court noted that N.C. Gen.Stat. § 40A-1 "provides that the provisions of Chapter 40A shall be the `exclusive condemnation procedures to be used in this State by .”
Davidson County v. City of High Point (1987) ncctapp · cites it 2× “§ 153A-347, is also supported by our eminent domain statutes: G.S. § 40A-1, et seq. In our eminent domain statutes the Legislature recognizes a distinction between a public enterprise and a building by setting them off in separate subsections of the same section.”
Wilkie v. City of Boiling Spring Lakes (2016) ncctapp · cites it 2× “The power of eminent domain shall be exercised by local public condemnors under the procedures of Article 3 of this Chapter.”
Bandy v. City of Charlotte (1985) ncctapp · cites it 3× “28, the court concluded that G.S. 40A-1 provided a savings clause for proceedings pending prior to 1 January 1982.”
Town of Highlands v. Hendricks (2004) ncctapp · cites it 2× “N.C. Gen. Stat. § 40A-10 (2003) states: “When any property condemned by the condemnor is no longer needed for the purpose for which it was condemned, it may be used for any other public purpose or may be sold or disposed of in the manner prescribed by law for the sale and…”
Yandle v. Mecklenburg County (1987) ncctapp · cites it 3× “§ 40A-41 provides for the institution of a civil action by the filing in superior court of a complaint.”
Piedmont Triad Regional Water Authority v. Sumner Hills Inc. (2000) ncctapp · cites it 2× “After a hearing the trial court entered an order on 26 October 1998 determining that the Authority lacked the power to condemn the entire tract of Property under section 40A-7, and instead was authorized to condemn only 48 acres of the 145-acre tract. The Authority appeals from…”
Virginia Electic & Power Co. v. Tillett (1985) ncctapp “G.S. 40A-1. Unless specifically noted, neither the Rules of Civil Procedure nor the statutes governing special proceedings, G.”
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— N.C. Gen. Stat. § 40A-1(a) — 2 cases
Wilkie v. City of Boiling Spring Lakes (2018) nc “§ 40A-51, since "listed in N.C.G.S. § 40A-3(b) or (c)" could modify either the entire phrase "enumerated acts or omissions **546 of condemnors" or nothing more than "condemnors.”
Wilkie v. City of Boiling Spring Lakes (2016) ncctapp “The power of eminent domain shall be exercised by local public condemnors under the procedures of Article 3 of this Chapter.”
— N.C. Gen. Stat. § 40A-1(b) — 1 case
Wilkie v. City of Boiling Spring Lakes (2018) nc “§ 40A-51, since "listed in N.C.G.S. § 40A-3(b) or (c)" could modify either the entire phrase "enumerated acts or omissions **546 of condemnors" or nothing more than "condemnors.”
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