|
<br />
<br />:~.? .~
<br />
<br />:,,; .
<br />~.~
<br />
<br />~~~ ,
<br />• ~
<br />r ~
<br />k ...f
<br />23
<br />§ 153A-4 COL','TIES § 153A-15
<br />ARTICLE Z.
<br />Definitions and Statutory Construction.
<br />§ 1.53A-4. Broad construction.
<br />CASE NOTES
<br />Amendment to county zoning or-
<br />dinance constituted a valid legisla-
<br />tive prerogative to change the sanitary
<br />landfill use from a "special use permit"
<br />category to a "use by right under pre-
<br />scribed conditions" category and that
<br />section of the county zoning ordinance,
<br />which allowed county zoning adminis-
<br />trator to approve the county's permit
<br />application for the siting of a landfill,
<br />was constitutional and lawful on its face.
<br />County of Lancaster v. Mecklenburg
<br />County, 334 N.C. 496, 434 S.E.2d 604
<br />(1993).
<br />Cited in i4laready v. City of Winston-
<br />Salem, 342 N.C. 708, 467 S.E.2d 615
<br />(1996); Three Guys Real Estate v.
<br />Harnett County, 345 N.C. 468, 480
<br />S.E.2d 681 (1997).
<br />ARTICLE 2.
<br />Corporate Powers.
<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 />;~~ .
<br />(a) Notwithstandinffthe 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-158, Chapter
<br />1&O.A of the General Statutes, Article 12 of Chapter 130 of the
<br />. General Statutes, or an;, 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 approral of the county board of commissioners of the
<br />county where the land is located.
<br />(c) This section applies to Alamance, r111eghany, Anson, Ashe,
<br />Bertie, Bladen, Brunswick, Burke. Buncombe, Cabarrus, Caldwell,
<br />Camden. Caswell, Catawba, Cherokee. Clav, Cleveland, Columbus,
<br />Craven, Cumberland, Currituck, Davidson, Davie. Duplin, Durham,
<br />Edgecombe, Forsyth, Franklin, Gaston, Graham, Granville, Greene,
<br />• ~ 95
<br />
|