NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION
CHAPTER 1247
HOUSE BILL 1194
AN ACT TO PROVIDE FOR THE ACQUISITION OF PROPERTY FOR THE RESTORATION, PRESERVATION AND ENHANCEMENT OF NATURAL OR SCENIC BEAUTY OF AREAS ALONG THE STATE HIGHWAYS.
The General Assembly of North Carolina do enact:
Section 1. Legislative Findings and Declaration of Policy. The General Assembly finds that the rapid growth and the spread of urban development along and near the State highways is encroaching upon or eliminating many areas having significant scenic or aesthetic values, which if restored, preserved and enhanced would promote the enjoyment of travel and the protection of the public investment in highways within the State and would constitute important physical, aesthetic or economic assets to the State. It is the intent of the General Assembly in enacting this statute to provide a means whereby the State Highway Commission may acquire the fee or any lesser interest or right in real property in order to restore, preserve and enhance natural or scenic beauty of areas traversed by the highways of the State highway system.
The General Assembly hereby declares that it is a public purpose and in the public interest of the people of North Carolina, to expend public funds, in connection with the construction, reconstruction or improvement of State highways, for the acquisition of the fee or any lesser interest in real property in the vicinity of public highways forming a part of the State highway system, in order to restore, preserve and enhance natural or scenic beauty. The General Assembly hereby finds, determines and declares that this Act is necessary for the immediate preservation and promotion of public convenience, safety and welfare.
Sec. 2. Restoration, Preservation and Enhancement of Natural or Scenic Beauty. The State Highway Commission is hereby authorized and empowered to acquire by purchase, exchanges or gift, the fee simple title or any lesser interest therein in real property in the vicinity of public highways forming a part of the State highway system, for the restoration, preservation and enhancement of natural or scenic beauty; provided that no lands, rights of way or facilities of a public utility as defined by G.S. 62-3(23), or of an Electric Membership Corporation or Telephone Membership Corporation, may be acquired, except that the Commission upon payment of the full cost thereof may require the relocation of electric distribution or telephone lines or poles; provided further, that such lands may be acquired by the Commission with the consent of the public utility or membership corporation.
Sec. 3. Availability of Federal Aid Funds. The State Highway Commission shall not be required to expend any funds for the acquisition of property under the provisions of this Act unless federal aid funds are made available for this purpose.
Sec. 4. Regulation of Scenic Easements. The State Highway Commission shall have the authority to promulgate rules and regulations governing the use, maintenance and protection of the areas or interests acquired under this Act. Any violation of such rules and regulations shall be a misdemeanor.
Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 6. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 6th day of July, 1967.