02 NCAC 59C .0303         APPROVALS TO EXERCISE THE POWER OF EMINENT DOMAIN

A county and a watershed district may apply to the commission for approvals to exercise the power of eminent domain. Before the commission will approve an applicant's request to condemn land for a proper purpose, that applicant shall provide the commission the following information at least 30 days prior to a commission hearing:

(1)           a written statement with copies to the division and to the landowners involved, stating the applicant's purpose;

(2)           a resolution adopted by the local Soil and Water Conservation District supporting the acquisition and identifying each parcel by landowner and by specific watershed development site;

(3)           a written statement describing efforts made to secure a property interest in each parcel and a copy of the appraisal;

(4)           a map of the land needed from each specific landowner that shows:

(a)           the location of the needed land in relation to the specific project site;

(b)           the location of the needed land in relation to the landowner's total tract;

(c)           the location of that portion of the land devoted to:

(i)            the permanent pool;

(ii)           the flood pool;

(iii)          other purposes of water storage; if applicable,

(iv)          the borrow area;

(v)           the construction work area; and

(vi)          recreational facilities.

History Note:        Authority G.S. 106-840; 139‑4(d);

Eff. September 1, 1982;

Transferred from 15A NCAC 06C .0303 Eff. May 1, 2012;

Readopted Eff. November 1, 2017.