GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-85
HOUSE BILL 960
AN ACT to allow sanitary districts the same power as all other units of local government in acquiring property by condemnation for water supply and distribution systems.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 40A-42(a)(1) reads as rewritten:
"(a)(1) Standard Provision. - When a local public
condemnor is acquiring property by condemnation for a purpose set out in
G.S. 40A-3(b)(1), (4) or (7), or when a city is acquiring property for a
purpose set out in G.S. 160A-311(1), (2), (3), (4), (6), or (7), or when a
county is acquiring property for a purpose set out in G.S. 153A-274(1),
(2) or (3), or when a local board of education or any combination of local
boards of education is acquiring property for any purpose set forth in
G.S. 115C-517, or when a condemnor is acquiring property by condemnation
as authorized by G.S. 40A-3(c)(8), G.S. 40A-3(c)(1), (8), (9),
(10), (12), or (13) title to the property and the right to immediate possession
shall vest pursuant to this subsection. Unless an action for injunctive relief
has been initiated, title to the property specified in the complaint, together
with the right to immediate possession thereof, shall vest in the condemnor
upon the filing of the complaint and the making of the deposit in accordance
with G.S. 40A-41."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 2nd day of June, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 4:16 p.m. this 11th day of June, 2009