(A) Purpose. Pursuant to G.S. § 106-740, which provides that no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farm land within a district until the agency or unit has requested the Agricultural District Advisory Board to hold a public hearing on the proposed condemnation, this subchapter provides for those hearings.
(B) Procedure.
(1) Upon receiving a request, the Agricultural District Advisory Board shall publish notice describing the proposed action in the appropriate newspapers of the county within five business days of the request, and will in the same notice notify the public of a public hearing on the proposed condemnation, to be held within 30 days of receipt of the request.
(2) The Agricultural District Advisory Board shall meet to review:
(a) Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; and
(b) Whether there are alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities of the district within which the proposed action is to take place.
(3) Land value will not be a factor in the selection between properties under consideration for the proposed action.
(4) Within ten days after the hearing, the Agricultural District Advisory Board shall make a report containing its findings and recommendations regarding the proposed action. The report shall be made available to the public prior to its being conveyed to the decision-making body of the agency proposing the acquisition.
(5) Pursuant to G.S. § 106-740, the Board of Commissioners shall not permit any formal initiation of condemnation by local agencies while the proposed condemnation is properly before the Agricultural District Advisory Board within these time limitations.
(6) Prior to initiating condemnation proceedings which would convert land in a district to nonfarm uses, the county or any other local unit of government shall submit to the Agricultural District Advisory Board a statement that the governmental unit has considered alternatives to condemning farm land in the district.
(Ord. passed 10-15-2007)