§ 146-24. Procedure for purchase or condemnation. - North Carolina Statutes

§146‑24.  Procedure for purchase or condemnation.

(a)        If, afterinvestigation, the Department determines that it is in the best interest of theState that land be acquired, the Department shall proceed to negotiate with theowners of the desired land for its purchase.

(b)        If the purchaseprice and other terms are agreed upon, the Department shall then submit to theGovernor and Council of State the proposed purchase, together with a copy ofthe deed, for their approval or disapproval. If the Governor and Council ofState approve the proposed purchase, the Department shall pay for the land andaccept delivery of a deed thereto. All conveyances of purchased real propertyshall be made to "the State of North Carolina," and no suchconveyance shall be made to a particular agency, or to the State for the use orbenefit of a particular agency.

(c)        If negotiations forthe purchase of the land are unsuccessful,  or if the State cannot obtain agood and sufficient title thereto by purchase from the owners, then the Departmentof Administration may request permission of the Governor and Council of Stateto exercise the right of eminent domain and acquire any such land bycondemnation in the same manner as is provided for the Board of Transportationby Article 9 of Chapter 136 of the General Statutes. Upon approval by theGovernor and Council of State, the Department may proceed to exercise the rightof eminent domain. Approval by no other State agency shall be required as aprerequisite to the exercise of the power of eminent domain by the Department.Provided that when the procedures of Article 9 of Chapter 136 are employed bythe Department, any person named in or served with a complaint and declarationof taking shall have 120 days from the date of service thereof within which tofile answer. (1957, c. 584, s. 6; G.S., s. 146‑105; 1959, c.683, s. 1; 1967, c. 512, s. 1; 1973, c. 507, s. 5; 1981, c. 245, s. 1.)