§ 153A-15. Consent of board of commissioners necessary in certain counties before land may be condemned or acquired by a unit of local government outside the county.
§ 153A‑15. Consent of board of commissionersnecessary in certain counties before land may be condemned or acquired by aunit of local government outside the county.
(a) Notwithstanding the provisions of Chapter 40A of the GeneralStatutes or any other general law or local act conferring the power of eminentdomain, before final judgment may be entered in any action of condemnationinitiated by a county, city or town, special district, or other unit of localgovernment which is located wholly or primarily outside another county, wherebythe condemnor seeks to acquire property located in the other county, thecondemnor shall furnish proof that the county board of commissioners of thecounty where the land is located has consented to the taking.
(b) Notwithstanding the provisions of G.S. 153A‑158, 160A‑240.1,130A‑55, or any other general law or local act conferring the power toacquire real property, before any county, city or town, special district, orother unit of local government which is located wholly or primarily outsideanother county acquires any real property located in the other county byexchange, purchase or lease, it must have the approval of the county board ofcommissioners of the county where the land is located.
(c) This section applies to Alamance, Alleghany, Anson, Ashe,Bertie, Bladen, Brunswick, Burke, Buncombe, Cabarrus, Caldwell, Camden,Carteret, Caswell, Catawba, Chatham, Cherokee, Clay, Cleveland, Columbus,Craven, Cumberland, Currituck, Davidson, Davie, Duplin, Durham, Edgecombe, Forsyth,Franklin, Gaston, Graham, Granville, Greene, Guilford, Halifax, Harnett,Haywood, Henderson, Hoke, Iredell, Jackson, Johnston, Jones, Lee, Lenoir,Lincoln, Macon, Madison, Martin, McDowell, Mecklenburg, Montgomery, Nash, NewHanover, Northampton, Onslow, Orange, Pamlico, Pasquotank, Pender, Perquimans,Person, Pitt, Polk, Richmond, Robeson, Rockingham, Rowan, Sampson, Scotland,Stanly, Stokes, Surry, Swain, Transylvania, Union, Vance, Wake, Warren,Watauga, Wayne, Wilkes, and Yancey Counties only.
(d) This section does not apply as to any condemnation oracquisition of real property or an interest in real property by a city wherethe property to be condemned or acquired is within the corporate limits of thatcity. (1981, c. 134, ss. 1, 2; c. 270, ss. 1, 2; c. 283, ss.1‑3; c. 459, s. 1; c. 941, s. 1; 1981 (Reg. Sess., 1982), c. 1150, s. 1;1989 (Reg. Sess., 1990), c. 973, s. 1; c. 1061, s. 1; 1991, c. 615, s. 3; 1991(Reg. Sess., 1992), c. 790, s. 1; 1993 (Reg. Sess., 1994), c. 624, s. 1; c.628, s. 1; 1995 (Reg. Sess., 1996), c. 681, s. 1; 1997‑164, s. 1; 1997‑263,s. 1; 1998‑110, s. 1; 1998‑217, s. 47; 1999‑6, s. 1; 2005‑33,s. 1.)