GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION
CHAPTER 95
AN ACT TO MODIFY WINSTON-SALEM'S POWER OF EMINENT DOMAIN.
The General Assembly of North Carolina enacts:
Section 1. Section 1 of Chapter 47 of the 1985 Session Laws reads as rewritten:
"Section 1. The City of Winston-Salem shall have
the power of eminent domain and may acquire, either by purchase, gift or
condemnation, any land, right of access, right-of-way, water right, privilege,
easement, or any other interest in or relating to land, water or improvements,
either within or without the city limits in Forsyth County, for any
lawful public use or purpose. In the exercise of the power of eminent
domain, the city is vested with all power and authority now or hereafter
granted by the laws of North Carolina applicable to the City of Winston-Salem,
and the city shall follow the procedures now or hereafter prescribed by said
laws; provided that, notwithstanding the provisions of G.S. 40A-1, in the
exercise of its authority of eminent domain for the acquisition of property within
the city limits to be used for streets and highways, water supply and
distribution systems, sewage collection and disposal systems and airports, the
City of Winston-Salem is authorized to use the procedure and authority
prescribed in Article 9 of Chapter 136 of the General Statutes, as now or
hereafter amended; provided further, that whenever therein the words
'Secretary' or 'Secretary of Transportation' appear, they shall be deemed to
include the 'City Manager'; provided further that nothing herein shall be
construed to enlarge the power of the City of Winston-Salem to condemn property
already devoted to public use. The City of Winston-Salem is also vested
with the authority to condemn for public library purposes property, rights,
privileges, easements and restrictive covenants and conditions, including any
restrictive covenants and conditions applicable to real estate now or hereafter
owned, restricting the use of same in any manner whatsoever. This act is
supplemental to the powers of the City of Winston-Salem under Chapter 40A of
the General Statutes."
Sec. 2. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 24th day of April, 1987.