N.C. Gen. Stat. » Chapter 62
NC General Statutes

N.C. Gen. Stat. § 62-185 (2026)

Exercise of right of eminent domain; parties' interests only taken; no survey required

✓ current as of July 2026
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When such telegraph, telephone, electric power or lighting company fails on application therefor to secure by contract or agreement such right-of-way for the purposes aforesaid over the lands, privilege or easement of another person or corporation; it may condemn the said interest through the procedures of the Chapter entitled Eminent Domain.

Only the interest of such parties as are brought before the court shall be condemned in any such proceedings, and if the right-of-way of a railroad or railway company sought to be condemned extends into or through more counties than one, the whole right and controversy may be heard and determined in one county into or through which such right-of-way extends.

It is not necessary for the petitioner to make any survey of or over the right-of-way, nor to file any map or survey thereof, nor to file any certificate of the location of its line by its board of directors. (1874-5, c. 203, s. 5; Code, s. 2010; 1899, c. 64, s. 2; 1903, c. 562; Rev., s. 1574; C.S., s. 1700; 1963, c. 1165, s. 1; 1981, c. 919, s. 3.)

 

Notes of Decisions
Cited in 1 case, 1975–1975 · leading case: State ex rel. Utils. Comm'n v. Edmisten, 216 S.E.2d 743 (N.C. Ct. App. 1975).
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State ex rel. Utils. Comm'n v. Edmisten, 216 S.E.2d 743 (N.C. Ct. App. 1975). “The part of G.S. 62-185 that is relevant to the appeal is as follows : “(d) If the rate or rates so put into effect are finally determined to be excessive, the public utility shall make refund of the excess plus interest to its customers within 30 days after such final…”
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