North Carolina Administrative Code (Last Updated: November 13, 2014) |
TITLE 02. AGRICULTURE AND CONSUMER SERVICES |
CHAPTER 59. SOIL AND WATER CONSERVATION COMMISSION |
SUBCHAPTER C. SMALL WATERSHED PROGRAM |
02 NCAC 59C .0303. APPROVALS TO EXERCISE THE POWER OF EMINENT DOMAIN
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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 landowner(s) involved, indicating 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 interest in each parcel and a copy of the appraisal;
(4) a map of the land needed from each specific landowner, which 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 owner'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, etc.
History Note: Authority G.S. 106-840; 139‑4(d);
Eff. September 1, 1982;
Transferred from 15A NCAC 06C .0303 Eff. May 1, 2012.