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NC H95

Bill

Status

Introduced

2/15/2011

Primary Sponsor

Kelly Alexander

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Origin

House of Representatives

2011-2012 Session

AI Summary

  • Establishes a process for railroad companies to file corridor maps with the Department of Transportation Rail Division and register them with county registers of deeds to inform the public and government entities of railroad property locations.

  • Requires counties and cities to obtain written railroad company consent before approving subdivisions, development plans, or permits for activities within railroad corridors, with a 60-day response period (deemed approved if railroad holds easement rather than fee simple title).

  • Reduces statute of limitations for lawsuits against railroads from five years to three years for damages related to right-of-way use, construction, or repairs, and clarifies that railroads cannot lose property rights through adverse possession or estoppel.

  • Modifies condemnation procedures to allow railroads and other specified entities to file "Notice of Filing Railroad Corridor Maps" and clarifies timeline for owners to initiate taking actions within 24 months of the taking or project completion.

  • Exempts regulated electric utilities from the railroad corridor protection requirements and provides that existing public roadways within corridors do not require railroad consent if no additional land use is needed.

Legislative Description

Railroad Corridor Protection

Last Action

Ref To Com On Transportation

2/16/2011

Committee Referrals

Transportation2/16/2011

Full Bill Text

No bill text available