A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT a CONDEMNOR MAY TAKE ONLY THE MINIMUM INTEREST IN PROPERTY NECESSARY FOR THE PURPOSE FOR WHICH IT IS BEING TAKEN.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 1 of Chapter 40A of the General Statutes is amended by adding a new section to read:
"§ 40A-7.1. Minimum interest only may be taken.
Except with the consent of the condemnee, in any condemnation action under this Chapter, the condemnor may take only the minimum interest in the property necessary for the purpose for which the property is being taken, and specifically, an interest in fee simple may not be taken if an easement will satisfy the purpose."
SECTION 2.  This act is effective when it becomes law.