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SB 59

Relating to producing food in planned communities.

2025 Regular Session Introduced by Cedric Hayden and 1 co-sponsor

SB 59 — Revise Voluntary Agricultural District Laws (Summary)Status: Passed 1st Reading Introduced: July 31, 2025 Subject areas: Agriculture; Eminent domain; Local government; Pl

In committee upon adjournment.
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Bill Summary · SB 59

SB 59 — Revise Voluntary Agricultural District Laws (Summary)

Status: Passed 1st Reading
Introduced: July 31, 2025
Subject areas: Agriculture; Eminent domain; Local government; Planning & zoning; Property; Agricultural land
Effective date (as enacted): October 1, 2025 (applies to condemnations on or after that date)

Main purpose / intent

The bill amends North Carolina’s voluntary agricultural district statute (G.S. 106‑740) to strengthen local review and public participation before a state or local public agency may initiate eminent‑domain proceedings affecting qualifying farmland in a voluntary (or enhanced voluntary) agricultural district. It seeks to provide farmers and local agricultural advisory boards a formal opportunity to be heard and to develop alternatives before condemnation moves forward.

Key provisions / changes

  • Requires ordinances adopted under the Voluntary Agricultural District provisions to establish a pre‑condemnation public‑hearing process involving the local agricultural advisory board.
  • Hearing and findings: After the advisory board holds the requested public hearing, the board must prepare and submit written findings and a recommendation to the decision‑making body of the acquiring agency.
  • Timing:
    • The advisory board has 45 days (changed from 30) after receiving the request to hold the public hearing and submit its written findings and recommendation to the agency.
    • The acquiring agency is prohibited from formally initiating condemnation while the matter is before the advisory board and must wait until 120 days after the board submits its findings and recommendation before commencing condemnation.
  • Scope: Applies to qualifying farmland located in voluntary agricultural districts under the referenced statutory Parts (including enhanced voluntary agricultural districts).

Who is affected

  • Landowners and farmers in voluntary agricultural districts — gain additional opportunity to present concerns and alternatives before condemnation.
  • Local agricultural advisory boards — vested with a formal role to hold hearings, prepare findings, and make recommendations.
  • State and local public agencies and governmental units considering acquisition of farmland by condemnation — face new procedural steps and waiting periods before initiating eminent‑domain actions.
  • Local governments that adopt or maintain voluntary agricultural district ordinances — must ensure ordinances and processes conform to the statute’s requirements.

Procedural / timeline implications

  • A typical pre‑condemnation sequence under the bill:
    1. Agency requests the local agricultural advisory board to hold a public hearing on the proposed condemnation.
    2. Advisory board holds the hearing and within 45 days files written findings and a recommendation to the agency.
    3. Agency must wait until 120 days after receipt of the board’s findings before formally initiating condemnation proceedings.
  • Effective October 1, 2025, and applies to condemnation actions initiated on or after that date.

Potential impacts / considerations

  • Pros: Enhances local input, increases transparency, gives farmers time and a formal channel to propose mitigation or alternatives, and may reduce conflicts or preserve agricultural lands.
  • Cons/administrative impacts: Introduces mandatory delays that could slow public‑project schedules, adds administrative workload for advisory boards and agencies, and may require changes to local ordinance language and internal procedures.

This bill targets balancing public acquisition needs with protections for agricultural landowners by embedding structured local review and fixed timing protections into the condemnation process for farmland in voluntary agricultural districts.

Compiled from official sources — confirm details with the bill’s official record.

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