NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 946

SENATE BILL 718

AN ACT TO CLARIFY THE LAW RELATING TO CONTROLLED-ACCESS FACILITIES CONSTRUCTED ON NEW LOCATION AND TO AID IN THE COMPUTATION OF JUST COMPENSATION IN CONNECTION THEREWITH.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 136-89.52, as the same appears in 1964 Replacement Volume 3B of the North Carolina General Statutes, is amended, in its entirety, to read as follows:

"Acquisition of property and property rights. For the purposes of this Article, the Commission may acquire private or public property and property rights for controlled-access facilities and service or frontage roads, including rights of access, air, view and light, by gift, devise, purchase, or condemnation in the same manner as now or hereafter authorized by law to acquire such property or property rights in connection with highways. The property rights acquired under the provisions of this Article may be in fee simple or an appropriate easement for right of way in perpetuity. In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof, or frontage road in connection therewith, the Commission may, in its discretion, with the consent of the landowner, acquire an entire lot, parcel, or tract of land, if by so doing, the interests of the public will be best served, even though said entire lot, parcel, or tract is not immediately needed for the right of way proper.

"Along new controlled-access highway locations, abutting property owners shall not be entitled to access to such new locations, and no abutters' easement of access to such new locations shall attach to said property. Where part of a tract of land is taken or acquired for the construction of a controlled-access facility on a new location, the nature of the facility constructed on the part taken, including the fact that there shall be no direct access thereto, shall be considered in determining the fair market value of the remaining property immediately after the taking."

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  All laws and clauses of laws in conflict with this Act are hereby repealed.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 January 1, 1970.

In the General Assembly read three times and ratified, this the 20th day of June, 1969.