2 N.C. Admin. Code 59C.0303

Current through Register Vol. 39, No. 11, December 2, 2024

Section 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.

02 N.C. Admin. Code 59C .0303

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.

Authority G.S. 106-840; 139-4(d);
Eff. September 1, 1982;
Transferred from 15A NCAC 06C .0303 Eff. May 1, 2012.

Amended by North Carolina Register Volume 32, Issue 11, December 1, 2017 effective 11/1/2017.