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N.C. Gen. Stat. § 106-740

Public hearings on condemnation and rezoning of farmland

Known as the The Agricultural Development and Farmland Preservation Enabling Act

The act spans §§ 106–106 (16 sections).

Applied in 1 court decision — leading case 209 N.C. App. 208 - TOWN OF MIDLAND v. Morris (2011)

Most recently applied in 209 N.C. App. 208 - TOWN OF MIDLAND v. Morris (January 2011)

1985 (Reg

An ordinance adopted under this Part or Part 3 of this Article shall provide that no State or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland, or rezone such land, within a voluntary agricultural district under this Part or an enhanced voluntary agricultural district under Part 3 of this Article until such agency has requested the local agricultural advisory board established under G.S. 106-739 to hold a public hearing on the proposed condemnation or rezoning that conforms to the following requirements:

(1) Following a public hearing held pursuant to this section, the board shall prepare and submit written findings and a recommendation to the decision-making body of the agency proposing acquisition.

(2) The board designated to hold the hearing shall have 45 days after receiving a request under this section to hold the public hearing and submit its findings and recommendations to the agency.

(3) The agency shall not formally initiate a condemnation or rezoning action until 120 days after the date the local agricultural advisory board submits its findings and recommendations to the agency.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.