§ 159B-33. Eminent domain.
§ 159B‑33. Eminentdomain.
Municipalities participating in a joint project and joint agenciesshall possess the power of eminent domain to the extent and in the same mannerand under the same laws as municipalities pursuant to Chapter 40A of theGeneral Statutes of North Carolina; provided, however, that a municipality orjoint agency exercising the power of eminent domain for a purpose authorized bythis Chapter shall have no power to condemn an existing facility used for thegeneration, transmission or distribution of electric power and energy;provided, further, that the North Carolina Utilities Commission shall have thepower and authority to order that the lines and rights‑of‑way ofany public utility or electric membership corporation, municipalities participatingin a joint project or any joint agency may be crossed by any municipalitiesparticipating in a joint project or any joint agency or that the lines of anymunicipalities participating in a joint project or any joint agency may becrossed by any public utility or electric membership corporation pursuant tothe provisions of G.S. 62‑39; provided, further, when any municipalitiesparticipating in a joint project, or any joint agency, proposes to condemn thelands or rights‑of‑way of any public utility, electric membershipcorporation, municipalities participating in a joint project or any jointagency, or any public utility or electric membership corporation proposes tocondemn the lands or rights‑of‑way of any municipalitiesparticipating in a joint project or any joint agency, not then used for thegeneration, transmission or distribution of electric power and energy but heldfor future use or development, the party desiring to condemn shall file apetition with the North Carolina Utilities Commission requesting authority tocondemn such lands or rights‑of‑way. Upon such petition, the NorthCarolina Utilities Commission shall have the power and authority, after noticeand hearing, to order that such lands or rights‑of‑way, or partsthereof, may be condemned, and its order shall be final, subject to appeal asprovided in this section. In all such cases in which the Commission permitscondemnation and when the parties affected cannot agree upon the damages to bepaid for the lands or rights‑of‑way to be condemned, it shall bethe duty of the Commission to fix the damages, if any, to be paid in suchamounts as may be just and equitable. Any party shall have the right of appealfrom any final order or decision or determination of the North Carolina UtilitiesCommission as to matters of crossings and condemnation of property held forfuture use or development pursuant to the provisions of Article 5 of Chapter 62of the General Statutes of North Carolina. (1975, c. 186, s. 1; 1981, c. 919, s. 27.)