NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 433

HOUSE BILL 946

AN ACT RELATING TO CERTAIN DRAINAGE FLOOD CONTROL AND OPEN SPACE PROJECTS AND TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN IN MECKLENBURG COUNTY.

The General Assembly of North Carolina enacts:

Section 1. In addition to any power conferred by any other general law or local act and in addition to the power of eminent domain conferred by G.S. 153A-159 and G.S. 153A-274, the County of Mecklenburg is hereby granted the power of eminent domain and is authorized and empowered to acquire by condemnation the fee or any lesser interest in property for the purposes of establishing, extending, enlarging, or improving the drainage, flood control and open space projects listed in Section 2 of this act, and said projects are to be considered public enterprises for purposes of this act.  In exercising the power of eminent domain for the purposes specified in this section, the County of Mecklenburg may in its discretion use the procedures of Chapter 40, Article 2; or the procedures of Chapter 160A, Article 11; or the procedures of Chapter 136, Article 9; or the procedures of any other general law or local act applicable to the County of Mecklenburg; Provided, however, that nothing herein shall be construed to enlarge the power of the Board of Commissioners of Mecklenburg County to condemn property already devoted to public use.

Sec. 2. This act and the power conferred upon the County of Mecklenburg under this act shall apply to:

a.         The McAlpine Greenway Project extending from N.C. Hwy. 74 (Independence Boulevard), on the north and to Sardis Road on the south, and

b.         Drainage and flood control projects along creeks and water courses in Mecklenburg County.

Sec. 3. The power conferred upon the County of Mecklenburg under Section 1 of this act shall not be exercised by said county in soil and water conservation projects undertaken pursuant to the authority set forth in Chapter 139 of the General Statutes of North Carolina, or pursuant to the authority set forth in the Watershed Protection and Flood Prevention Act, P.L. 566, 83d Cong., 68 Stat. 666, as amended.

Sec. 4. This act shall apply only to the County of Mecklenburg.

Sec. 5. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 28th day of May, 1975.