Agenda - 05-19-1987 - Laserfiche WebLink

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. 19 Orange Water and Sewer Authority arta 406 Jones Ferry Road MAY [OWASAIP.O. BOX366 198? Carrboro, NC 27510 (919) 968-4421 May 4, 1987 Mr. Kenneth Thompson County of Orange Orange County Courthouse 106 East Margaret Lane Hillsborough, NC 27278 Dear Mr. Thompson: Your support is requested for adoption of proposed legislation introduced by Representative Albert S. Lineberry, Sr. in this session of the State legislature which will significantly assist the conduct of operations for water and sewer authorities. The proposed legislation to repeal G.S. 162A-7 simply puts water and sewer authorities on comparable status with other public organizations operating water and sewer facilities for their citizens. The proposed bill will provide to water and sewer authorities condemnation powers consistent with that of cities, counties, county water and sewer districts, and sanitary districts. The application of G.S. 162A-7 singularly to water and sewer authorities is an inappropriate and unique burden to those communities which determine that formation of a water and sewer authority is the preferred institutional form by which water and/or sewer services should be provided to their citizens. G.S. 162A-7 requires that water and sewer authorities must receive the additional approval of the North Carolina Environmental Management Commission prior to exercising the power of eminent domain to obtain water, orr land with water rights attached. Experience has proved to us that this added requirement is extremely burdensome in both time and money. It is our opinion that these impediments do not add significant protection to property . owners, but do unfairly penalize water and sewer authorities in efforts to obtain water supplies. It is apparent that subsequent environmental laws such as the State Environmental Policy Act, The National Environmental Policy Act, and the Corps of Engineers' 404 permitting process provide very adequate protection from the environmental standpoint. The statutes on condemnation powers for cities, counties, county water and sewer districts, and sanitary districts were updated and recodified in G.S. 40A in 1982. This updating provided additional protection to property owners to assure full protection of their rights in the condemnation process. The interesting point is that several other public agencies operating under appointed boards must only comply with G.S. 40A. Examples are housing authorities, airport authorities, and port authorities. Additionally, private utilities such as power companies, gas companies, telephone An Equal Opportunity Employer