GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 2
HOUSE BILL 1247
Senate State and Local Government Committee Substitute Adopted 6/24/14
Short Title: Asheville Regional Airport. |
(Local) |
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Sponsors: |
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Referred to: |
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May 29, 2014
A BILL TO BE ENTITLED
AN ACT to allow limited appointment of elected public officials to the Greater Asheville Regional Airport Authority AND TO PROVIDE THAT EMINENT DOMAIN MUST BE AUTHORIZED BY THE AFFECTED APPOINTING AUTHORITY.
The General Assembly of North Carolina enacts:
SECTION 1. Section 1.4(a1) of S.L. 2012‑121, as rewritten by Section 69.1 of S.L. 2012‑194, reads as rewritten:
"SECTION 1.4.(a1) Notwithstanding subsection (c)
of this section, no person holding any elected public office may be a member of
the Authority.Authority, unless both of the following conditions are
met:
(1) Each appointing authority listed in subdivision (2) of this subsection may appoint one of its own members to serve as the person holding any elected public office. Otherwise, a person holding any elected public office may not be a member of the Authority.
(2) At any given time, not more than one person holding any elected public office may serve as an appointee of each of the following: the Asheville City Council, the Board of Commissioners of Buncombe County, and the Board of Commissioners of Henderson County."
SECTION 2. Section 1.4(c) of S.L. 2012‑121 reads as rewritten:
"SECTION 1.4.(c) Members of the Authority shall
serve four‑year terms and may serve up to a total of two successive four‑year
terms. A member may not be reappointed to the Authority except after a lapse of
four years following the most recent term served. In the event a member is
appointed to fill an unexpired term, and at least two years of the unexpired
term remain to be served, such appointment shall be counted in applying the two‑term
limit,limit; otherwise it shall not be counted. Notwithstanding
the foregoing, those individuals serving as ARAA members as of the effective
date of this act may continue to serve as members of the Authority until the
completion of their respective then current terms and until their successors
are appointed and qualified. In the event an ARAA member resigns or is removed,
the appointing authority under the agreement between the County of Buncombe and
the City of Asheville shall forthwith appoint a replacement ARAA member to
complete the unexpired term. Thereafter, and with respect to the four ARAA
members whose terms expire June 30, 2012, the Asheville City Council, the Board
of Commissioners of Buncombe County, and the Board of Commissioners of
Henderson County each shall appoint one member of the Authority, and the other
members shall appoint, by majority vote, the fourth member. With respect to the
three ARRA members whose terms expire June 30, 2014, the Asheville City
Council, the Board of Commissioners of Buncombe County, and the Board of
Commissioners of Henderson County each shall appoint one member of the
Authority."
SECTION 3. Section 1.4(d) of S.L. 2012‑121 reads as rewritten:
"SECTION 1.4.(d) Any vacancy occurring among the
membership of the Authority shall be filled within 60 days after notice thereof
by appointment ofby the appointing authority of a member to serve
for the remainder of the unexpired term."
SECTION 4. Section 1.7(c) of S.L. 2012‑121 reads as rewritten:
"SECTION 1.7.(c) Private property needed by the
Authority for any airport, landing field, or facility may be acquired by the
Authority by gift, devise, or private purchase. Aviation easements needed by
the Authority for any airport, landing field, or facility may likewise be
acquired by gift, devise, or private purchase. Unless the power of eminent
domain is required by federal law or federal regulation, Chapter 40A of the
General Statutes does not apply to the Authority, and it may not exercise the
power of eminent domain. If a federal law or federal regulation does require
the Authority to have the power to exercise eminent domain, it may only do so
for public use for an airport purpose or purposes, and any eminent domain
proceeding must be authorized jointly by all of the three appointing
authorities.by the appointing authority affected by such proceeding.
In no case, however, may the power of eminent domain be used for purposes not
necessary for the operation of the airport, and more specifically no property
may be acquired by eminent domain for such uses as hotels, motels, restaurants,
or industrial parks. The power of eminent domain may not be used to acquire any
interest in the Ferncliff Industrial Park as it existed on June 1, 2011, except
for a proven and present aviation need required by a federal agency."
SECTION 5. Section 4 of this act is effective when it becomes law and applies to takings occurring on or after that date. The remainder of this act is effective when it becomes law.