§ 136-51. Maintenance of county public roads vested in Department of Transportation.
Part 2. County Public RoadsIncorporated into State Highway System.
§ 136‑51. Maintenanceof county public roads vested in Department of Transportation.
From and after July 1, 1931,the exclusive control and management and responsibility for all public roads inthe several counties shall be vested in the Department of Transportation ashereinafter provided, and all county, district, and township highway or roadcommissioners, by whatever name designated, and whether created under public,public‑local, or private acts, shall be abolished:
Provided, that for the purposeof providing for the payment of any bonded or other indebtedness, and for theinterest thereon, that may be outstanding as an obligation of any county,district, or township commission herein abolished, the boards of countycommissioners of the respective counties are hereby constituted fiscal agents,and are vested with authority and it shall be their duty to levy such taxes onthe taxable property or persons within the respective county, district, ortownship by or for which said bonds or other indebtedness were issued orincurred and as are now authorized by law to the extent that the same may benecessary to provide for the payment of such obligations; and the respectivecommissions herein abolished shall on or before July 1, 1931, turn over to saidboards of county commissioners any moneys on hand or evidences of indebtednessproperly applicable to the discharge of any such indebtedness (except suchmoneys as are mentioned in paragraph (a) above); and all uncollected specialroad taxes shall be payable to said boards of county commissioners, and theportion of said taxes applicable to indebtedness shall be applied by saidcommissioners to said indebtedness, or invested in a sinking fund according tolaw. All that portion of said taxes or other funds coming into the hands ofsaid county commissioners and properly applicable to the maintenance orimprovement of the public roads of the county shall be held by them as aspecial road fund and disbursed upon proper orders of the Department ofTransportation.
Provided, further, that inorder to fully carry out the provisions of this section the respective boardsof county commissioners are vested with full authority to prosecute allsuitable legal actions.
Nothing in this section shallprevent a county from participating in the cost of rights‑of‑way,construction, reconstruction, improvement, or maintenance of a road on theState highway system under agreement with the Department of Transportation. A countyis authorized and empowered to acquire land by dedication and acceptance,purchase, or eminent domain and make improvements to portions of the Statehighway system lying within or outside the county limits utilizing local fundsthat have been authorized for that purpose. The provisions of G.S. 153A‑15apply to any county attempting to acquire property outside its limits. Allimprovements to the State highway system shall be done in accordance with thespecifications and requirements of the Department of Transportation. (1931, c. 145, s. 7; 1933, c.172, s. 17; 1957, c. 65, s. 11; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1; 2007‑428,s. 3.)