NORTH CAROLINA GENERAL ASSEMBLY
1969 SESSION
CHAPTER 1091
SENATE BILL 738
AN ACT TO AMEND CHAPTER 146 OF THE GENERAL STATUTES OF NORTH CAROLINA TO AUTHORIZE THE DEPARTMENT OF ADMINISTRATION TO ACQUIRE PROPERTY BY PURCHASE OR CONDEMNATION.
The General Assembly of North Carolina do enact:
Section 1. Chapter 146 of the General Statutes is amended by adding immediately following G.S. 146-22 a new section to be designated as G.S. 146-22.1 to read as follows:
"G.S. 146-22.1. Acquisition of Property. In order to carry out the duties of the Department of Administration as set forth in Chapters 143 and 146 of the General Statutes, the Department of Administration is authorized and empowered to acquire by purchase, gift, condemnation or otherwise:
"(1) Lands necessary for the construction and operation of State buildings and other governmental facilities.
"(2) Lands necessary tor construction and operation of parking facilities.
"(3) An area in the City of Raleigh bounded by Edenton Street, Person Street, Peace Street, the right of way of the main line of Seaboard Coastline Railway and North McDowell Street for the expansion of State governmental facilities, the public interest in, public use of, and the necessity for the acquisition of said area, being hereby declared as a matter of Legislative determination.
"(4) Lands necessary for the location, expansion, operation and improvement of hospital and mental health facilities and similar institutions maintained by the State of North Carolina.
"(5) Lands necessary for public parks and forestry purposes.
"(6) Lands involving historical sites, together with such adjacent lands as may be necessary for their preservation, maintenance and operation.
"(7) Lands necessary for the location, expansion and improvement of any educational, penal or correctional institution.
"(8) Lands necessary to provide public access to the waters within the State.
"(9) Lands necessary for agricultural, experimental and research facilities.
"(10) Utility and access easements, rights of way, estates for terms of years or fee simple title to lands necessary or convenient to the operation of State-owned facilities.
"(11) Lands necessary for the development and preservation of the estuarine areas of the State.
"(12) Lands necessary for the development of waterways within the State."
Sec. 2. G.S. 146-23 is amended by adding immediately following the word "rented" in the last line thereof a new sentence to read as follows:
"The Department of Administration may make acquisitions at the request of the Governor and Council of State upon compliance with the investigation herein required."
Sec. 3. Chapter 146 of the General Statutes is amended by adding immediately following G.S. 146-24 a new section to be designated as G.S. 146-24.1 to read as follows:
"G.S. 146-24.1. The Power of Eminent Domain. In carrying out the duties and purposes set forth in Chapters 143 and 146 of the General Statutes, the Department of Administration is vested with the power of eminent domain and shall have the right and power to acquire such lands, easements, rights of way or estates for years by condemnation in the manner prescribed by G.S. 146-24 of the General Statutes. The power of eminent domain herein granted is supplemental to and in addition to the power of eminent domain which may be now or hereafter vested in any State agency as denned by G.S. 146-64 and the Department of Administration may exercise on behalf of such agency the power vested in said agency or the power vested in the Department of Administration herein; and the Department of Administration may follow the procedure set forth in G.S. 146-24 or the procedure of such agency, at the option of the Department of Administration. Where such acquisition is made at the request of an agency, such agency shall make a determination of the necessity therefor; where such acquisition is on behalf of the State or at the request of the Department of Administration, such findings shall be made by the Director of Administration. Provided, however, that all such acquisitions shall have the approval of the Governor and Council of State as provided in G.S. 146- 24."
Sec. 4. This Act shall not apply to public projects and condemnations for which specific statutory condemnation authority and procedures are otherwise provided.
Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 6. This Act shall be in full force and effect upon its ratification.
In the General Assembly read three times and ratified, this the 1st day of July, 1969.