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Agenda - 06-29-1992
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Agenda - 06-29-1992
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11/8/2017 4:52:01 PM
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BOCC
Date
6/29/1992
Meeting Type
Regular Meeting
Document Type
Agenda
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(43) <br />0 40A -3 CH 40A EMINENT LKNA1\ 6 40A•3 <br />turnpikes, street ruilroads, plank muds, tramroads, canals, <br />telrgruphs, telephunes. electric power lines. electric lights. <br />ppublic water supplies, public sewerage systems, flumes, <br />6ridgrs, and pipelines or mains ors inating in North <br />Curolina for the transportation ol- petroleum products, Coal. <br />gas. limestone or minerals. <br />iii School committee 4 or boards of tru.-tees or of directors of any <br />corporation holdin title to real estate u ion which any <br />private educationarinstitution is situated. Ce the power <br />of eminent domain in order to obtain a pure and adequate <br />writer supply for such institution- <br />13, Franchised motor vehicle carriers; or union bur, scat ;cm eom- <br />Mpanies organized by uuthority cf the Utilities Commission. <br />e the lmwer of eminent domain for the purpoft of con - <br />structing and operating union bus stations: Provided. that <br />this suh�iviiiian shall not apply to any city or town having <br />n papa ?ation of lei= than 60,Ui11.1 <br />a Any railroad company has the p,;wer of eminent domain for <br />the purposes of constructing union depots; maintaining, <br />operating. improving or strai htening fines or of alterin <br />its location: constructing double tracks: constructing ark <br />rnainta:n :rg new yards and terrn:r:al facilities or enlarging <br />its yard or terminal facilities: connecting two of itii lines <br />already- to operation nut more than ;ix mileee apart: or con• <br />etructing an industrial siding ordered by the Utilities Corn - <br />mission as provided in C.S. 62 -232. <br />The width of land condernne•d for alms •ing!e nr double track rail- <br />road purfjrise Shall he not I�r•• than Kit feet nor more than loo fect- <br />excep; Kline the road may run thiui,:g.h a t.►wn, whe!rV it may W of <br />Ices width, or where there may be dccp ruts or high vmbankmentF. <br />where :t may be of gremt -r- width <br />No rights granted or acquired under this subsection shall in any <br />way destroy or abridRp the rights (if-the State to regulate or control <br />any ra:irnad company or to regulate fort :kn curporptions doing bu3i- <br />ness it this State. Whenvvvr it is necessary for any railroad <br />company doing business in this State to cross the street or streets in <br />a town or city in order to carry out the orders of the Utilities Com- <br />mission, tai construct :en industrial siding, the power is hereby <br />conferred upon Such railroad company to )ccupv such street iii <br />scree! of any Eon wwn or rtty within the State:. r'rovided, license <br />so to do be first uhtarned from the. board of ;ildermeri. board of com- <br />mis-aienerx. or other governing authorz,e* of such town ar city. <br />No such condemnor shall he ,allowed to have condemned to its use., <br />without the eonaent of the owncr. his burial ground, usual dwelling <br />he►use and yard, kitchen and garden, unless condemnation of such <br />Property is expremly authorized by statute - <br />The power of eminent domain shall be exercised by private <br />conder -nors under thr procedures of .Article 2 of this Chapter. <br />ib> Local Public Condemnors. — For the public use or benefit, the <br />gnver-)ittR body of each municipality or county Shull posResu the <br />power of eminent domain and may acquire by purchase, gift or con- <br />demnation any property, tither inside or uutside its boundaries, for <br />the following purpoQeR. <br />i t - Opening. widening, extending, or improving roads, Atreete, <br />alleys, and sidewalks. The authority contained in this sub- <br />section is in addition to the authority to acquire <br />
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