NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 839

SENATE BILL 417

 

 

AN ACT RELATING TO ASSESSMENT AGAINST RAILROADS FOR LOCAL IMPROVEMENTS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 160-104 is hereby amended by deleting the period at the end of said Section and inserting the following:

": Provided, further, that the above two provisos of this Section shall not be applicable to any railroad property which is subject to assessment for local improvements under the terms of G.S. 160-520 and 160-521 and as to such property the railroad company or companies shall be treated like any other property owners."

Sec. 2.  Chapter 160 of the General Statutes of North Carolina is hereby amended by adding a new Subchapter XI thereto reading as follows:

"SUBCHAPTER XI. ASSESSMENTS AGAINST RAILROADS

Article 42

Assessments Against Railroads

"Sec. 160-520.  Definitions. For the purposes of this subchapter the following definitions shall be applicable:

"(1)      The term 'local improvement' shall include sidewalk improvements and street improvements as those terms are defined in G.S. 160-78 and shall include the laying, installing, improving, enlarging, altering or repairing of any sewer or water line or system.

"(2)      The term 'right of way' shall mean any land or interest in land owned, leased or controlled by a railroad company on which there is located a main line or through railroad track or tracks together with adjoining land owned, leased or controlled by such railroad company within 100 feet of the center line of such track or tracks.

"Sec. 160-521.  Power to Assess for Local Improvements. No municipality shall assess any railroad company on account of any local improvement made on or abutting railroad right of way unless there is a building on such right of way owned, leased or controlled by the railroad, in which event the front footage to be used as a basis for such assessment against the railroad shall be the actual front footage occupied by such building plus 25 feet on each side thereof, but not to exceed the amount of land owned, leased or controlled by the railroad. In the event a building is placed on such property by the railroad subsequent to the time a local improvement is made, then the railroad company shall be subject to an assessment without interest on the same basis as if the building had been located on the property at the time the local improvement was made."

Sec. 3.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after its ratification and shall apply to any assessment for local improvements which has not become final on the effective date of this Act.

In the General Assembly read three times and ratified, this the 8th day of June, 1965.