NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1127

SENATE BILL 536

 

 

AN ACT TO AMEND G.S. 136-66.3 SUBSECTION (c) SO AS TO PROPERLY DESIGNATE OFFICIALS OF THE STATE HIGHWAY COMMISSION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 136-66.3 subsection (c), as it appears in the 1965 Supplement to the 1964 Replacement Volume 3B of the General Statutes of North Carolina, is hereby rewritten to read 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 "Administrator", "Administrator of Highways", "Administrator of the Highway Commission", "Chairman" or "Chairman of the Highway Commission" appear in Article 9 they shall be deemed in 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  All laws and clauses of laws in conflict with this Act are hereby repealed.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 become effective upon ratification.

In the General Assembly read three times and ratified, this the 5th day of July, 1967.