02 NCAC 59C .0402         LAND RIGHTS ACQUISITION COSTS

(a)  State grants pursuant to Article 4 Chapter 139 may cover up to fifty percent of land rights acquisition costs for water retarding structure sites which include flood prevention and/or water supply, and for recreation sites.  Such costs include:

(1)           the actual costs of titles or easements for landrights for the following:

(A)          flood retarding structure sites, and impoundment areas;

(B)          water supply sites;

(C)          recreational sites;

(D)          access roads necessary for construction, operation, and maintenance of (A), (B), or (C) of this Paragraph; and

(E)           "uneconomic remnants" as defined in Public Law 91‑646;

(2)           the following administration costs:

(A)          cost of surveying; land rights taking lines;

(B)          contract relocation advisory service and contract appraisal fees by qualified personnel;

(C)          relocation assistance expenses;

(3)           the following modification costs:

(A)          public utilities;

(B)          public highways;

(C)          private roads;

(D)          floodproofing that would prevent additional land rights acquisition costs.

(b)  Such costs do not include the following:

(1)           attorney fees;

(2)           land costs for title or easements acquired for purposes other than those stated in this Rule;

(3)           negotiator's or land rights agent's fees or salaries;

(4)           watershed administrator's fees or salaries;

(5)           watershed commissioner's or trustee's fees, salaries or expenses;

(6)           any fees, salaries, or expenses of an employee of the local sponsor;

(7)           any administrative costs not included in this Rule.

History Note:        Authority G.S. 106-840; 139‑4(d); 139‑54(1);

Eff. September 1, 1982;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 06C .0403 Eff. May 1, 2012;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.