North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter C - SECONDARY ROADS SECTION › Section .0100 - SECONDARY ROADS › Section 02C .0108 - ACQUISITION OF RIGHT OF WAY FOR SECONDARY ROADS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  For the improvement or paving of unpaved secondary roads, the property owners
				  shall dedicate, at no cost to the Department of Transportation, adequate right
				  of way for construction and maintenance. As an exception, the Department of
				  Transportation may acquire by purchase, donation or condemnation, such right of
				  way as may be determined necessary to make safety improvements to unpaved
				  secondary roads, or to construct, improve, or replace structures thereon, to
				  protect the safety of the traveling public. This Section shall not be construed
				  to limit the authority of the Department of Transportation to exercise its
				  power of eminent domain.
(b) With
				  respect to paved roads on the state maintained secondary road system, the
				  Department of Transportation may acquire by purchase, donation, or
				  condemnation, such right of way as may be determined necessary to make
				  improvements to protect the safety of the traveling public. The terms of
				  Paragraphs (d) and (e) of this Rule shall not apply to this
				  Paragraph.
(c) On existing
				  secondary roads which are part of the state highway system and have been
				  approved for paving or general improvement, the Department of Transportation
				  may pay for the cost of moving any existing fences or buildings within the
				  rights of way.
(d) If one or more
				  property owners refuse to dedicate the necessary right of way in order to pave
				  a secondary road, the Department of Transportation may allow the remaining
				  property owners to post a bond to cover condemnation costs incurred by the
				  Department of Transportation. The Department of Transportation may then condemn
				  the right of way necessary for paving the road.
(e) The amount of the bond to be posted by
				  the property owners that are willing to give the right of way free of cost to
				  the Department of Transportation may be determined in the following manner: The
				  Department of Transportation may require up to two thousand five hundred
				  dollars ($2,500) for each parcel to be condemned based upon costs incurred for
				  such condemnations during the previous one-year period in the county involved.
				  If no condemnation precedents have occurred in the previous one-year period in
				  that county, the department shall use the latest condemnation cost for the
				  county involved. In addition, the Department of Transportation may require that
				  the estimated amount of funds for appraised damages, if any, be posted along
				  with the amount to cover court costs. For example, if in a previous one-year
				  period, cost incurred in a particular county for condemning one parcel of
				  property is two thousand one hundred dollars ($2,100), the amount of two
				  thousand one hundred dollars ($2,100) may be required per parcel. If cost
				  incurred is three thousand dollars ($3,000) per parcel, two thousand five
				  hundred dollars ($2,500) may be required for each parcel to be condemned. If
				  the damages for a parcel are one thousand dollars ($1,000), a total of three
				  thousand one hundred dollars ($3,100) may be required for that one parcel. If
				  there are two parcels, one having one thousand dollars ($1,000) damages and the
				  other having two hundred dollars ($200.00) damages, three thousand one hundred
				  dollars ($3,100) may be required for one parcel and two thousand three hundred
				  dollars ($2,300) may be required for the other.
Authority
					 G.S.
					 136-18(26);
					 136-44.1;
					 136-44.8;
					 136-44.16;
					 136-182;
Eff. July 1,
					 1978;
Amended Eff. January 1, 2004; December 1, 1994; December 29,
					 1993; October 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 6,
					 2016.