Orange County NC Website
Browse       Search
Orange County Board of Commissioners <br />Page 3 <br />November 6, 2008 <br />It is clear the local government appointments to the airport authority are direct <br />appointments acid not subject to review, approval or otherwise of any other political body, <br />including the UNC Board of Governors. <br />An authority created pursuant to S 1925 "has all powers that a city or county has under <br />Articles 1 through 7 of Chapter 63 of the General Statutes...." N.C. Gen. Stat. § 116-274(a). <br />Copies of the pertinent provisions of Chapter 63 of the General Statutes are enclosed. It also has <br />the specific powers enumerated in N.C. Gen. Stat. § 116-274(b), a copy of which is enclosed. <br />Importantly, and as the result of negotiations with UNC officials during the legislative process, <br />S 1925 contains the following: <br />Notwithstanding other provisions of law; both regulations adopted by an authority under <br />this Article and development regulations adopted by a county or municipality under <br />Article 18 of Chapter 153A or Article 19 of Chapter 160A of the General Statutes shall <br />be applicable to land owned by and the approaches to land owned by an authority created <br />under this Article. In the event the regulations conflict,.the more restrictive regulation <br />applies. <br />N.C. Gen. Stat. § 116-274(a). Enclosed is email correspondence between Mr. Tony Blake, <br />Speaker Joe Hackney and an attorney on Speaker Hackney's staff related to a preemption <br />question raised by Mr. Blake. <br />Cities and counties are authorized to acquire property, including by condemnation, for <br />and to operate airports. The enumerated powers granted to an airport authority created by the <br />UNC Board of Governors under S 1925 are essentially the same as the enumerated powers <br />conferred upon counties by Article 15 of Chapter 153A and Article 6 of Chapter 63 of the <br />General Statutes and conferred upon cities by Article 16 of Chapter 160A and Article 6 of <br />Chapter 63 of the General Statutes. Neither a UNC Board of Governors created airport authority <br />nor a city or county can condemn land owned by the State of North Carolina or owned by a State <br />owned railroad, without the consent of the Council of State. The condemnation power of a UNC <br />Board of Governors created airport authority or a city or county for acquiring property for an <br />airport,.is not, in my opinion, "quick take" authority. This lack of "quick take" authority is not a <br />limitation on the power to condemn but rather affects the time when title to the land will vest in <br />the body condemning, either an authority or a city or a county. <br />There is a notable difference between the condemnation power of an airport authority <br />created under S 1925 and the condemnation power of a city or county. Such an authority may not <br />condemn "property held on July 1, 2008 by a tax exempt Internal Revenue Code Section <br />501(c)(3) organization organized for educational purposes." No such limitation exists with <br />respect to cities or counties exercising the power of eminent domain for an airport. <br />