Orange County NC Website
;• <br /> • Eminent domain <br /> Section 2. (e) of the proposed ordinance gives the Commissioner of <br /> Agriculture a v to power over condemnations of farmland in classes B, C, and <br /> D, which can be overruled by 3/4 vote of the governing board of the condemnor. <br /> To allow this provision, legislation would be necessary, either local or state-. <br /> wide. Ferrell has noted the political problems of such legislation, particular- <br /> ly as it pertains to condemnations by the state or by private utilities. I <br /> agree with his conclusions and would add that the ordinance seems really to <br /> be concerned only with local public condemnors; neither the state nor a utility <br /> has an "agency governing board" that could vote to override a veto. <br /> As a pract'cal matter, the Commissioner's veto would not often be decisive. <br /> I would suspect that in almost all instances it could be overriden. Given that <br /> result, much th same impact might be reached by simply requiring that the <br /> Commissioner—orl some other appropriate official or board--ba allowed to make <br /> I .. ._ <br /> __. <br /> his or its views known to the local condemnor before condemnation is finally <br /> I <br /> decided upon. This procedure would be more likely to achieve legislative <br /> approval and is ot ns likely to cause resentment by the condemning local <br /> . _... . . _ <br /> - government- <br /> 1 <br /> wiliiiiii■IP <br />