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<br />§ 153A -15. Consent of board of commissioners
<br />necessary in certain counties before
<br />land may be condemned or acquired
<br />by a unit of local government outside
<br />the county.
<br />(a) Notwithstanding the provisions of G.S. 153A -159, Article 11 of
<br />Chapter 160A of the General Statutes, G.S. 130 -130, Chapter 40 of
<br />the General Statutes, or any other general law or local act confer-
<br />ring the power of eminent domain, before final judgment may be
<br />entered in any action of condemnation initiated (or in the case of
<br />Article 11 of Chapter 160A, before a final condemnation resolution is
<br />adopted) by a county, city or town, special district, or other unit of
<br />local government which is located wholly or primarily outside
<br />another county, whereby the condemnor seeks to acquire property
<br />located in the other county, the condemnor shall furnish proof that
<br />the county board of commissioners of the county where the land is
<br />located has consented to the taking.
<br />(b) Notwithstanding the provisions of G.S. 153A -153, Chapter
<br />160A of the General Statutes, Article 12 of Chapter 130 of the
<br />General Statutes, or any other general law or local act conferring
<br />the power to acquire real property, before any county, city or town.
<br />special district, or other unit of local government which is located
<br />wholly or primarily outside another county acquires any real prop-
<br />erty located in the other county by exchange, purchase or lease, it
<br />must have the approval of the county board of commissioners of the
<br />county where the land is located.
<br />(c) This section applies to Alamance, Alleghany, Anson, Ashe,
<br />Bertie. Bladen, Brunswick, Burke, Buncombe, Cabarrus, Caldwell.
<br />Camden. Caswell. Catawba, Cherokee, Clay, Cleveland, Columbus.
<br />Craven, Cumberland, Currituck, Davidson, Davie, Duplin, Durham.
<br />Edgecombe, Forsyth, Franklin, Gaston, Graham, Granville, Greene.
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<br />52
<br />3153A -4 COUNTIES § 1 ,53A -15
<br />ARTICLE 1.
<br />Definitions and Statutory Construction.
<br />§ 153A -4. Broad construction.
<br />CASE NOTES
<br />Amendment to county zoning or- was constitutional and lawful on its face.
<br />dinance constituted a valid legisla- County of Lancaster v. -Mecklenburg
<br />tive prerogative to change the sanitary County, 334 N.C. 496, 434 S.E2d 604
<br />landfill use from a "special use permit" (1993).
<br />�, i ..k
<br />category to a "use by right under pre- Cited in Alaready v. City of �Vinston-
<br />•..•� -�-
<br />scribed conditions" category and that Salem, 342 N.C. 708, 461 S.E2d 615
<br />.jt.
<br />section of the counts zoning ordinance, (1996): Three Guys Real Estate v.
<br />county zoning adminis-
<br />which allowed Harnett County, 345 N.C. 468, 480
<br />I :_ =.-;
<br />c`✓
<br />trator to approve the counts permit S.E2d 681 (1997).
<br />application for the siting of a landfill,
<br />±' )
<br />ARTICLE 2.
<br />Corporate Powers.
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<br />§ 153A -15. Consent of board of commissioners
<br />necessary in certain counties before
<br />land may be condemned or acquired
<br />by a unit of local government outside
<br />the county.
<br />(a) Notwithstanding the provisions of G.S. 153A -159, Article 11 of
<br />Chapter 160A of the General Statutes, G.S. 130 -130, Chapter 40 of
<br />the General Statutes, or any other general law or local act confer-
<br />ring the power of eminent domain, before final judgment may be
<br />entered in any action of condemnation initiated (or in the case of
<br />Article 11 of Chapter 160A, before a final condemnation resolution is
<br />adopted) by a county, city or town, special district, or other unit of
<br />local government which is located wholly or primarily outside
<br />another county, whereby the condemnor seeks to acquire property
<br />located in the other county, the condemnor shall furnish proof that
<br />the county board of commissioners of the county where the land is
<br />located has consented to the taking.
<br />(b) Notwithstanding the provisions of G.S. 153A -153, Chapter
<br />160A of the General Statutes, Article 12 of Chapter 130 of the
<br />General Statutes, or any other general law or local act conferring
<br />the power to acquire real property, before any county, city or town.
<br />special district, or other unit of local government which is located
<br />wholly or primarily outside another county acquires any real prop-
<br />erty located in the other county by exchange, purchase or lease, it
<br />must have the approval of the county board of commissioners of the
<br />county where the land is located.
<br />(c) This section applies to Alamance, Alleghany, Anson, Ashe,
<br />Bertie. Bladen, Brunswick, Burke, Buncombe, Cabarrus, Caldwell.
<br />Camden. Caswell. Catawba, Cherokee, Clay, Cleveland, Columbus.
<br />Craven, Cumberland, Currituck, Davidson, Davie, Duplin, Durham.
<br />Edgecombe, Forsyth, Franklin, Gaston, Graham, Granville, Greene.
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