1907 private laws – Ch.203 Sec.3

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CHAPTER 203 AN ACT TO INCORPORATE AMERICAN-JAPANESE COMPANY. The General Assembly of North Carolina do enact:

That the objects for which said company is formed are to build and maintain a dam or dams across any river or other stream in the State of North Carolina, at any place or places in said State or in other States, for the purpose of utilizing the water power thereof; and to build, maintain and operate electric and other power plants, bridges and ferries, cotton mills, cotton gins, paper mills, pulp mills and all other kinds of mills or factories; canals, aqueducts, water-ways, waste-ways, wells and reseryoirs needful for the mills, factories and other places of business ; to make and sell power, light, heat, gas, electricity, and goods and products of every kind and material; also to establish settlements or towns, and to supply to the public, including individuals and corporations, in towns thus established or in other municipalities within the State of North Carolina or elsewhere, water for domestic or manufacturing purposes, power in the form of electrical current, pneumatic or steam pressure or any of the said forms, or in any or all other forms for use in driving machinery and for light, heat or other uses for which the power so applied ean be made applicable, and to fix, charge, collect and receive payMent therefor; and for the purpose of enabling the company to supply power as aforesaid, the company is authorized and empowered to buy or otherwise acquire, generate, develop, use, transmit and distribute power of all kinds, and to locate, acquire, construct, equip, maintain and operate from any place or places in the State where the said company may establish plants to any distributing points in the State where they may elect, and from the same to any other points, by the most practicable routes, to be determined by the board of directors of the company, lines for the transmission of power by wire, on poles or underground, by cables, pipes, tubes, conduits and all other convenient appliances for power transmission, with such connecting lines between the lines above mentioned, and also with such branch lines as the directors. of the company may locate or authorize to be located for receiving, transmitting and distributing power; and as appurtenances to the said lines of power transmission and their branches the company may acquire, own, hold, sell or otherwise dispose of water powers and water privileges in the State of North Carolina and elsewhere, and may locate, acquire, construct, equip, maintain and operate all necessary plants for generating and developing by water, steam or any other means, and for storing, using, transmitting, distributing, selling and delivering power, including dams, reservoirs, gates, bridges, tunnels, stations and other buildings, boilers, engines, machinery, switches, lamps, motors and all other works, structures and appliances, in the State of North Carolina; and also the power to build, own, control and operate electric railway lines for the transportation of freight and passengers, and to charge, collect and receive tolls therefor; and may own, rent, lease or sell power for any other uses to which electricity, steam or water power can be applied; and the said corporation, for the purpose of acquiring lands or water rights which would be damaged by reason of the erection of a dam or dams as aforesaid, and for the various other purposes set forth in these articles of incorporation, shall have power to condemn land, water rights or any easement or interest therein; and the proceedings for the condemnation of such lands, water rights or any easement of interest therein shall either be as prescribed in chapter sixty-one, volume one of the Revisal of one thousand nine hundred and five, and the laws amendatory thereof, or the said corporation may file a petition before the clerk of the Superior Court of the county wherein the land or water rights lie, specifying the objects for which the land or water rights are desired, with a description thereof. The clerk of the Superior Court shall thereupon issue a summons or notice to the owner of said land or water rights, returnable to a day certain, and after ten days notice and after a hearing, shall make an order appointing three disinterested and competent freeholders of said county, who shall be summoned by the sheriff to meet on the premises at a time not more than ten days after the appointment, and, after being duly sworn, assess the damage of the 1907CuarprTerR 203 land, water rights or other easement or interest therein desired. In assessing the damages the jurors or appraisers shall take into consideration the actual value of the land, water rights or other interests desired, together with any special damages likely to accrue to the owner, and likewise shall consider any special benefits thereto. If the petition shall pray for a condemnation of the right-of-way only the consideration or damages allowed shall be for the said easement only, but if for lands or water rights the consideration or damages shall be for the fee. The appraisers shall make their report to the clerk of the Superior Court within ten days from the time of their meeting on the _ premises; said report shall be recorded in the office of the register of deeds, after approval by the clerk and payment of damages assessed, and shall have the force and effect of a deed. Hither party may appeal to the Superior Court in term-time from the approval or disapproval of the clerk, which appeal must be prayed within ten days of the approval or disapproval of the clerk: Provided, that lines and appurtenances hereinbefore authorized for distributing power and light are to be constructed, when on public streets or highways of any county, city or town, under such reasonable regulations as the authorities respectively thereof shall, upon application from the company, prescribe.

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