GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S                                                                                                                                                     1

SENATE BILL 214*

 

 

Short Title:        Transportation Map Corridors/Condemnation.

(Public)

Sponsors:

Senators Goolsby, Jenkins, Rabon;  Apodaca, Brunstetter, Daniel, Gunn, Harrington, Hise, Newton, Rouzer, and Tucker.

Referred to:

Transportation.

March 7, 2011

A BILL TO BE ENTITLED

AN ACT to limit the amount of time land may be encumbered by a transportation corridor official map before the entity establishing, adopting, or amending the transportation corridor official map is required by law to purchase the property or initiate condemnation proceedings against the property.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 136-44.51(b) reads as rewritten:

"(b)      In any event, no application for building permit issuance or subdivision plat approval for a tract subject to a valid transportation corridor official map shall be delayed by the provisions of this section for more than three years18 months from the date of its original submittal.the adoption of a transportation official corridor map. If the corridor is still being reviewed after the 18-month period set out in this subsection, the entity which adopted the transportation corridor official map affecting the issuance of building permits or subdivision plat approval shall initiate condemnation proceedings on the affected properties. If the entity which adopted the transportation corridor official map has not purchased or initiated condemnation proceedings within the time limits established pursuant to this subsection, the owner of real property within the corridor may treat the real property as unencumbered and free of any restriction on sale, transfer, or use established by this Article."

SECTION 2.  This act becomes effective December 1, 2011, and applies to all transportation corridor official maps filed on or after that date.