45-15. Condemnation of Participating Farmland.

  1. Pursuant to N.C. Gen. Stat. §106-740, no State or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland enrolled in a Voluntary or Enhanced Voluntary Agricultural District until it has requested the Henderson County Agricultural Advisory Board to hold a public hearing on the proposed condemnation.
  2. Procedure for Public Hearing
    1. Within twenty (20) business days of receiving a request, the Henderson County Agricultural Advisory Board shall submit a press release describing the proposed action and date of hearing in the newspaper of record within Henderson County.  The public hearing on the proposed condemnation shall be held within twenty-five (25) days.
    2. The Advisory Board shall meet to review:
      1. 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
      2. Whether there are alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities of the Agricultural District within which the proposed action is to take place.
    3. The Agricultural Advisory Board may consult with the County Agricultural Extension Agent, the Natural Resources Conservation Service District Conservationist, 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 (5) days after the hearing, the Advisory Board shall make a report containing its findings and recommendations regarding the proposed action and forward to the decision making body of the agency proposing the acquisition.
    5. The total time period from the day a request for a hearing is received to the day that a final report is issued to the decision making body of the agency proposing the acquisition shall not exceed thirty (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.