(A) Purpose. G.S. § 106-740 provides that no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a district or enhanced district until such agency or unit has requested that the Advisory Board hold a public hearing on the proposed condemnation. This provision ensures that the condemning agency or unit considers the impact of its actions upon agricultural, forested, and/or horticultural land prior to taking action that is not reversible. This provision is not intended to, and does not, prohibit the condemning agency or unit from taking action that is authorized by law.
(B) Procedure.
(1) Upon receiving a request, the Advisory Board shall publish notice describing the proposed action in the appropriate newspapers of Warren 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 ten days of receipt of the request.
(2) The 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 or enhanced district within which the proposed action is to take place.
(3) The Advisory Board shall consult with the Cooperative Extension Service Office, the Soil and Water Conservation District Office, the Natural Resources Conservation Service, and any other individuals, agencies, or organizations deemed by the Advisory Board to be necessary for its review of the proposed action.
(4) Within five days after the hearing, the 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) There will be a period of ten days allowed for public comment on the report of the Advisory Board.
(6) After the ten day period for public comment has expired, the Advisory Board shall submit a final report containing all of its findings and recommendations regarding the proposed action to the decision-making body of the agency proposing the acquisition within five days.
(7) The total time period, from the day that a request for a hearing has been received to the day that a final report is issued to the decision-making body of the agency proposing the acquisition, shall not exceed 30 days. If the agency agrees to an extension, the agency and the Advisory Board shall mutually agree upon a schedule to be set forth in writing and made available to the public.
(8) Pursuant to G.S. § 106-740, the condemning agency may not formally initiate a condemnation action while the proposed condemnation is properly before the Advisory Board within these time limitations.
(Ord. passed 4-2-2007; Ord. passed 4-6-2009; Ord. passed 6-7-2021)