North Carolina General Statutes 40A-80. Applicability of Article; definition
(a) Applicability. –
(1) The provisions of this Article shall apply only to a condemnation action initiated by a public condemnor, which for purposes of this Article shall be any entity exercising the power of eminent domain under any authority except N.C. Gen. Stat. § 40A-3(a).
Terms Used In North Carolina General Statutes 40A-80
- Condemnation: means the procedure prescribed by law for exercising the power of eminent domain. See North Carolina General Statutes 40A-2
- Condemnor: means those listed in N. See North Carolina General Statutes 40A-2
- conservation easement: means a conservation or historic preservation easement that meets all of the following criteria, as each of the criteria are defined under 26 U. See North Carolina General Statutes 40A-80
- Eminent domain: means the power to divest right, title or interest from the owner of property and vest it in the possessor of the power against the will of the owner upon the payment of just compensation for the right, title or interest divested. See North Carolina General Statutes 40A-2
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Property: means any right, title, or interest in land, including leases and options to buy or sell. See North Carolina General Statutes 40A-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) Except with respect to N.C. Gen. Stat. § 40A-84, the provisions of this Article shall not apply to those circumstances in which: (i) the terms of the conservation easement provide an express exception for uses, purposes, and rights that may be subject to condemnation in the future, or circumstances in which the condemnation action to be taken would not extinguish, restrict, or impair the property rights of the holder of the conservation easement. “Property rights” as used herein shall include the purposes for which the easement was created; and (ii) a local public condemnor or other public condemnor under N.C. Gen. Stat. § 40A-3 is constructing, enlarging, or improving electric distribution systems; gas production, storage, transmission, and distribution systems; water supply and distribution systems; wastewater collection, treatment, and disposal systems of all types; storm sewer and drainage systems; or trails associated with greenways. In condemnation actions exempt pursuant to this subdivision, a condemnor shall make reasonable efforts, after completion of the project for which the condemnation was undertaken, to return the property to the condition that the property existed in prior to condemnation to the extent practicable.
(b) Definition. – As used in this Article, the term “conservation easement” means a conservation or historic preservation easement that meets all of the following criteria, as each of the criteria are defined under 26 U.S.C. § 170(h): (i) a qualified real property interest, (ii) held by a qualified organization, and (iii) exclusively for conservation purposes. (2009-439, s. 1.)