Bill > S490

This bill modifies the existing law (G.S. 133-17) to create a clear judicial review process for individuals who are dissatisfied with agency determinations related to eminent domain and funding assistance. Specifically, the bill establishes that a person aggrieved by an agency's final determination can now seek judicial review by filing a petition in superior court within 30 days of receiving the agency's written decision. The court will hear the case de novo (as a new hearing) and can affirm, reverse, or modify the agency's determination if it finds the decision was unconstitutional, not in compliance with relevant laws or regulations, or affected by legal error. The person seeking review bears the burden of proving the agency's determination was improper. Additionally, the bill allows both the aggrieved party and the agency to appeal the superior court's judgment to the appellate division, and either party can request a stay of the determination pending appeal. This change provides a more transparent and accessible mechanism for challenging agency decisions, effectively expanding appeal rights that were previously non-existent under the original law.

https://www.ncleg.gov/BillLookUp/2025/S490