NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 795

SENATE BILL 631

AN ACT TO AMEND ARTICLE 6D OF CHAPTER 136 OF THE GENERAL STATUTES TO ALLOW THE STATE HIGHWAY COMMISSION TO CONDEMN ACCESS AND TO ABANDON LOCAL SERVICE ROADS USED IN CONNECTION WITH CONTROLLED ACCESS FACILITIES.

The General Assembly of North Carolina do enact:

Section 1.  Section 89.55 of Chapter 136 of the General Statutes, as the same appears in the 1964 Replacement Volume 3B, is hereby amended by deleting all of the language beginning with the word "provided" on line 8 and continuing through the period on line 14 and by substituting in lieu thereof the following: "provided, however, that after a local service or frontage road has been established, the same shall not be vacated or abandoned in such a manner as to reduce access to the facility without the consent of the abutting property owners or the payment of just compensation, so long as the controlled access facility is maintained as such facility, and the Commission shall not have any authority to control or restrict the right of access of abutting property owners from their property to such local service or frontage roads or streets without the property owners consent or the payment of just compensation, except such authority as the Commission has with respect to primary and secondary roads under the police power."

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  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 11th day of June, 1969.