NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 660

HOUSE BILL 581

 

 

AN ACT TO AUTHORIZE THE STATE HIGHWAY COMMISSION TO ACQUIRE IN CERTAIN INSTANCES AN ENTIRE STRUCTURE WHEN IT IS SEVERED BY HIGHWAY RIGHT OF WAY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Where the right of way of a proposed highway necessitates the taking of a portion of a building or structure, the State Highway Commission may acquire, by condemnation or purchase, the entire building or structure, together with the right to enter upon the surrounding land for the purpose of removing said building or structure, upon a determination by the Highway Commission based upon an affidavit of an independent real estate appraiser that the partial taking will substantially destroy the economic value or utility of the building or structure and (1) that an economy in the expenditure of public funds will be promoted thereby; or (2) that it is not feasible to cut off a portion of the building without destroying the entire building; or (3) that the convenience, safety or improvement of the highway will be promoted thereby; provided, nothing herein contained shall be deemed to give the State Highway Commission authority to condemn the underlying fee of the portion of any building or structure which lies outside the right of way of any existing or proposed public road, street or highway.

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 21st day of May, 1965.