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John Day <br />From: Sen. Fletcher Hartsell, Jr. [Fletcherh(d3ncleg.net] <br />Sent: Wednesday, March 28, 2007 8:50 PM <br />To: coy1(~ctc.net <br />Cc: Rep. Jeff Barnhart; Rep. Linda Johnson; John Day <br />Subject: RE: Cabarrus Quick Take <br />Coy: Concord requested the legislation (public mtg. Feb. 23, 2007 1 believe attended by the press), <br />to include electrical utilities also. <br />We, as a delegation, felt that electrical was not appropriate in that as far as we know' "quick take" for <br />electrical utilities doesn't exist elsewhere. With road widening an issue countywide, rather than <br />pursue only for Concord and granting Concord a power not held by other units, we chose to pursue <br />authority for road "quick take" for all the units, particularly since the use is discretionary by the <br />particular unit. <br />Cities and towns have existing authority #o condemn for streets and Cabarrus County, along with <br />Mecklenburg and Burke Counties, has had authority to acquire road rights of way since the middle <br />1990's. In fact, Cabamas County, in conjunction with at least two school construction projects and as <br />related to the projects(Harris Road Middle and Pitts School Road Elementary) has condemned small <br />slivers of land adjacent to existing roads for safely access and turn lanes to the schools generally <br />required by existing zoning. "Quick take" as you know, refers to the point in time when title to the <br />land interest "vests" in the governmental unit, ie, the date upon which the condemnation action is <br />filed rather than a later time, generally after an answer is filed 60-120 days later. The landowner <br />always retains his/her absolute right to full compensation for the value of the property taken. Neither <br />the County, nor any city, is required to use the authority if permitted by <br />passage of the bill. Fletcher <br />-----Original Message----- <br />From: coy1 a~ctc.net [mailto:coy1 cLDctc.net) <br />Sent: Wednesday, March 28, 2007 2:14 PM <br />To: Sen. Fletcher Hartsell, Jr. <br />Cc: Rep. Linda Johnson; Rep. Jeff Barnhart; jdday a~cabarruscounty.us <br />Subject: Cabarrus Quick Take <br />Greetings and Salutations: <br />At our Monday night's meeting, members of the board requested that I contact our legislative <br />delegation about the proposed legislation, CABARRUS QUICK TAKE. Who requested this <br />legislation? What is its purpose? Ramifications? Etc. We understand that there is a House Bill and <br />also a Senatr Bill. <br />Have the bills been assigned to committees? If so, which ones? <br />Also yesterday at the Agriculture Summit, at the Cabarrus Extension office, questions where asked <br />about this same <br />proposed legislation. I told them that I would get back to <br />them as soon as I got the information. <br />Thanks for your assistance! <br />Coy <br />~.~ <br />