NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 141

HOUSE BILL 335

AN ACT TO AMEND CHAPTER 117 OF THE GENERAL STATUTES OF NORTH CAROLINA TO CONFER THE POWER OF EMINENT DOMAIN UPON ELECTRIC MEMBERSHIP CORPORATIONS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 117-18 is hereby amended by adding the following after the last sentence in subparagraph (6):

"Notwithstanding the foregoing sentence and notwithstanding subparagraph (7) of G.S. 117-2, electric membership corporations are hereby empowered, without necessity of the Authority's rulings or participation, to exercise the right of eminent domain for the purposes of constructing, operating and maintaining electric generating, transmission, distribution and related facilities, individually and solely in their own names, pursuant to the provisions of Chapter 40 of the General Statutes; provided, that notwithstanding G.S. 117-30, the foregoing grant of the power of eminent domain to electric membership corporations shall not apply to telephone membership corporations; and, provided further, that such grant of power shall be supplementary to the power of eminent domain already devolved upon the Authority."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 14th day of April, 1975.