NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 867

HOUSE BILL 906

 

 

AN ACT TO AMEND G.S. 136-66.3 SO AS TO CLARIFY THE AUTHORITY OF MUNICIPALITIES TO USE THE PROCEDURES PROVIDED BY ARTICLE 9, CHAPTER 136 OF THE GENERAL STATUTES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Subsection (c) of G.S. 136-66.3 is hereby amended by rewriting the same as follows:

"(c)       In the acquisition of rights of way for any State highway system street or highway in or around a municipality, the municipality shall be vested with the same authority to acquire such rights of way as is granted to the State Highway Commission in this Chapter. In the acquisition of such rights of way, municipalities may use the procedures provided in Article 9 of this Chapter, and wherever the words 'Highway Commission' or 'State Highway Commission' appear in Article 9 they shall be deemed to include 'municipality' or 'municipal governing body', and wherever the words 'Director' or 'Director of Highways' or 'Director of the Highway Commission' appear in Article 9 they shall be deemed to include 'municipal clerk'. It is the intention of this subsection that the powers herein granted to municipalities for the purpose of acquiring rights of way shall be in addition to and supplementary to those powers granted in any local act or in any other general statute, and in any case in which the provisions of this subsection or Article 9 of this Chapter are in conflict with the provisions of any local act or any other provision of any general statute, then the governing body of the municipality may in its discretion proceed in accordance with the provisions of such local act or other general statute, or, as an alternative method of procedure, in accordance with the provisions of this subsection and Article 9 of this Chapter."

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  All laws and clauses of laws in conflict with this Act are hereby repealed.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 8th day of June, 1965.