NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 740

HOUSE BILL 216

AN ACT TO AUTHORIZE THE CITY OF CHARLOTTE TO ACQUIRE AN ENTIRE STRUCTURE WHEN IT IS SEVERED BY STREET RIGHT OF WAY.

The General Assembly of North Carolina do enact:

Section 1. Where the proposed right of way of a street or highway necessitates the taking of a portion of a building or structure, the City of Charlotte may acquire, by condemnation or purchase, the entire building or structure, together with the right to enter upon the surrounding land for the purpose of removing the building or structure. Provided, the City must make a determination based upon an affidavit of an independent real estate appraiser that the partial taking will substantially destroy the economic value or utility of the building or structure and a determination either

(1)       that an economy in the expenditure of public funds will be promoted thereby; or

(2)       that it is not feasible to cut off a portion of the building without destroying the entire building; or

(3)       that the convenience, safety or improvement of the street or highway will be promoted thereby;

Provided, further, nothing herein contained shall be deemed to give the City authority to condemn the underlying fee of the portion of any building or structure which lies outside the right of way of any existing or proposed public road, street or highway.

Provided, further, that where an entire structure is condemned under this Section and the owner is or may be prohibited or prevented from rebuilding the type of structure condemned because of zoning, building or other restrictions, or where the remaining land after condemnation cannot be used by the owner for the purposes for which the land was zoned prior to condemnation, such facts shall be competent and considered in determining the damages to which the said owner shall be entitled to receive on account of said taking.

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 All laws and clauses of laws in conflict with this Act are hereby repealed.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 9th day of June, 1967.