NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 67

HOUSE BILL 107

AN ACT TO CLARIFY THE PROVISIONS FOR NOTICE IN CONDEMNATION PROCEEDINGS UNDER G.S. CHAPTER 160A, ARTICLE 11.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 160A-245 is amended by adding a new paragraph, to read as follows:

"All notices and resolutions required to be served by this Article may be presented to the Sheriff of the county in which the condemning city is located; if the condemning city is located in more than one county, the City Council shall select the Sheriff of the county in which the majority of the land to be condemned is located for service of notices. The Sheriff shall serve the notices and resolutions as and when requested by the City Council, provided that the party to be served can be found within the county, and shall receive such fees as by general law provided for the service of civil process. The selection shall be communicated to the Sheriff by letter of the City Council, signed either by the City Council's presiding officer or the City Clerk or the City Attorney. All notices and resolutions required to be served by this Article shall be issued by the City Council in the form of summons provided for by the Rules of Civil Procedure in cases of condemnation of land."

Sec. 2.  This act shall become effective on October 1, 1975.

In the General Assembly read three times and ratified, this the 20th day of March, 1975.