State Codes and Statutes

Statutes > North-carolina > Chapter_160A > GS_160A-479_15

§ 160A‑479.15. Removal and relocation of utility structures.

(a)        An authority may require any public utility, railroad, orother public service corporation owning or operating any installations,structures, equipment, apparatus, appliances or facilities in, upon, under,over, across or along any land or facility where an authority has the right toown, construct, operate or maintain its facilities to remove or relocate suchinstallation, structures, equipment, apparatus, appliances or facilities fromtheir location.

(b)        If the owner or operator thereof fails or refuses to removeor relocate them, an authority may proceed to do so.

(c)        An authority may provide the necessary new locations or anauthority may also acquire the necessary new locations by purchase orotherwise, but not by eminent domain.

(d)        An authority shall reimburse the public utility, railroad orother public service corporation, for the cost of relocations which shall bethe entire amount paid or incurred by the utility properly attributable theretoafter deducting the cost of any increase in the service capacity of the newinstallations, structures, equipment, apparatus, appliances or facilities andany salvage value derived from the old installations, structures, equipment,apparatus or appliances. (1989, c. 780, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_160A > GS_160A-479_15

§ 160A‑479.15. Removal and relocation of utility structures.

(a)        An authority may require any public utility, railroad, orother public service corporation owning or operating any installations,structures, equipment, apparatus, appliances or facilities in, upon, under,over, across or along any land or facility where an authority has the right toown, construct, operate or maintain its facilities to remove or relocate suchinstallation, structures, equipment, apparatus, appliances or facilities fromtheir location.

(b)        If the owner or operator thereof fails or refuses to removeor relocate them, an authority may proceed to do so.

(c)        An authority may provide the necessary new locations or anauthority may also acquire the necessary new locations by purchase orotherwise, but not by eminent domain.

(d)        An authority shall reimburse the public utility, railroad orother public service corporation, for the cost of relocations which shall bethe entire amount paid or incurred by the utility properly attributable theretoafter deducting the cost of any increase in the service capacity of the newinstallations, structures, equipment, apparatus, appliances or facilities andany salvage value derived from the old installations, structures, equipment,apparatus or appliances. (1989, c. 780, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_160A > GS_160A-479_15

§ 160A‑479.15. Removal and relocation of utility structures.

(a)        An authority may require any public utility, railroad, orother public service corporation owning or operating any installations,structures, equipment, apparatus, appliances or facilities in, upon, under,over, across or along any land or facility where an authority has the right toown, construct, operate or maintain its facilities to remove or relocate suchinstallation, structures, equipment, apparatus, appliances or facilities fromtheir location.

(b)        If the owner or operator thereof fails or refuses to removeor relocate them, an authority may proceed to do so.

(c)        An authority may provide the necessary new locations or anauthority may also acquire the necessary new locations by purchase orotherwise, but not by eminent domain.

(d)        An authority shall reimburse the public utility, railroad orother public service corporation, for the cost of relocations which shall bethe entire amount paid or incurred by the utility properly attributable theretoafter deducting the cost of any increase in the service capacity of the newinstallations, structures, equipment, apparatus, appliances or facilities andany salvage value derived from the old installations, structures, equipment,apparatus or appliances. (1989, c. 780, s. 1.)