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AG 1992 05 04
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AG 1992 05 04
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Last modified
3/25/2002 4:10:14 PM
Creation date
11/27/2017 12:01:31 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
5/4/1992
Board
Board of Commissioners
Meeting Type
Regular
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missioners of any affected city or county, and for the hearing to be <br />he]d in the county where the rdTectec~ property is located. <br /> (c) Ck~es may pro~ide for petk~ons for v~ances <br />the board of adjustment or other boards or cemm~s~ons which can <br />hear v~iances ~utho~zed by G.S. 160A-388. ~e procedures for <br />bo~ds of adjustment shall be followed except that no vo~ ~eater <br />than a majorfty shall be req~red ~ gant a v~ance. <br /> Cd) A v~ance may be ~an~d upon a showing that: <br /> (1) E~,en with the ~ benefits authored by t~s A~cle, <br /> reasonab]e ret~ may be e~ed ~om the ]and; and <br /> (2) ~e requirements of G.S. t36-44.51 result in p?ct~ca] d~ffi- <br /> cu]tSes or unnecess~ h~dsh~ps. (1987, c. ~47, s. <br /> <br />§ 136-44.53. Advance acquisition of right-of-way <br /> ~ith~n the roadway corridor. <br />(a) After a roadway corridor officlal map is filed ~th t~e register <br />of deeds, the Department of Transportation or the city ~hich inki- <br />ated the roadway corridor official map is authorized to make ad- <br />vanced acquisition of specific parcels of property when such acquisi- <br />tion is determined by the respective governing board to be in the <br />best public interest to protect the roadway corridor from develop- <br />ment or when the roadway corridor official map creates an undue <br />hardship on the affected property, o~er. <br />(b) Prior to making any such ad~ ance acquisition of right~of-way <br />under the authority of this .~-'~cle, the Bom-d of Transportation or <br />the respective munJcyal governing board which ir~tiated the road- <br />way corridor official map shall deve]op a~d adopt appropriate poll- <br />cies and procedures to govern such advanced acquisitmn of right-of- <br />way and to assure such advanced acquisition is in the best overall <br />public interest. ' <br />(c) '~"hen a city makes an advanced right-of, way acquisition of <br />property within a roadway corridor official map for a street or high- <br />way that h~s been determined to be a St~e responsibility pursuant <br />to the provisions of G.S. 136-66.2, 'due Department of Transporta- <br />tion shall reimburse the ciD' for the cost of such advanced right-of- <br />way acquisition at the time the street or highway is constructed. <br />The Department of Transportation shall have no responsibility to <br />reimburse a municipality for any advanced right-of, way acquisition <br />for a street or highway that has not been designated a State respon- <br />sibility pursuant to the provisions of G.S. 136-66.2 prior to the <br />fniriation of the advanced acquisition by the city. The city shall <br />obtsin the concurrence of the Department of Transportation in all <br />instances of advanced acquisition. <br />(d) In exercising the aufho~ty granted by this section, a munici- <br />pality 5s authorized to expend municipal funds for the protection of <br />rights-of-way shown on a du]y adopted roadway corridor official <br />map ~'bether the right.or-d, ay to be acquired is ]ocated inside or <br />outside the municipal corporate limits. (1987, c. 747, s. 19.) <br /> <br />270 <br /> <br />34 _ <br /> <br /> <br />
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