State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-24

§ 131E‑24.  Eminentdomain.

(a)        A hospital authority may acquire by eminent domain any realproperty, including fixtures and improvements, which it deems necessary tocarry out the purposes of this Part. The hospital authority may exercise thepower of eminent domain under the provisions of Chapter 40A of the GeneralStatutes or any other statute now in force or subsequently enacted for theexercise of the power of eminent domain.

(b)        No property belonging to any city, town, or county, anygovernment, religious or charitable organization, or to any existing hospitalor clinic may be acquired without its consent. No property belonging to apublic utility corporation may be acquired without the approval of thecommission or other officer or agency, if any, having regulatory power over thecorporation.

(c)        The right of eminent domain shall not be exercised unlessand until a certificate of public convenience and necessity for the facilityhas been issued by the North Carolina Utilities Commission. The proceedingsleading up to issuing of the certificate of public convenience and necessity,and the right of appeal from the proceedings shall be governed by the PublicUtilities Act, Chapter 62 of the General Statutes, and the rights under thatact are hereby expressly reserved to all interested parties in the proceedings.In addition to the powers now granted by law to the North Carolina UtilitiesCommission, the Utilities Commission is authorized to investigate and examineall facilities set up or attempted to be set up under this Part and todetermine the question of public convenience and necessity for the facility. (1943, s. 780, s. 10; 1971, c. 799; 1981, c. 919, s.18; 1983, c. 775, s. 1.)