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218 <br /> <br /> The Board of Commissioners for the County of Cabarrus met in regular <br />session at the County Courthouse in Concord, North Carolina, on Monday, <br />May 6, 1985, at 9:30 A.M. <br /> Present - Chairman: James W. Lentz <br /> Commissioners: Kenneth F. Payne <br /> William G. Hamby, Jr. <br /> Archie Y. Barnhardt <br /> Marcelle M. Upright <br /> The invocation was given by Reverend James Pauley of the Faith Freewill <br />Baptist Church in Kannapolis, North Carolina. <br /> UPON MOTION of Commissioner Upright, seconded by Commissioner Barnhardt <br />and unanimously carried, the minutes of April 15, 1985, were approved as <br />written. <br /> The Honorable James C. Johnson, State Senator, presented the bill he <br />had introduced in the General Assembly that would prohibit a unit of <br />government outside the county from acquiring or condemning land in Cabarrus <br />County without the consent of the Cabarrus County Board of Commissioners. <br />He requested the Board's reassurance that they approved of the proposed bill. <br /> UPON MOTION of Chairman Lentz, seconded by Commissioner Payne and <br />unanimously carried, the Board moved to totally endorse the following <br />Senate DRS7542-LK as proposed by Senator James C. Johnson. <br /> <br />SENATE DRS7542-LK <br /> <br />Short Title: Cabarrus-External Local Zoning. <br />Sponsors: Senator Johnson of Cabarrus <br />Referred to: <br /> <br />A BILL TO BE ENTITLED <br /> <br />AN ACT TO REQUIRE CONSENT OF THE CABARRUS COUNTY BOARD OF COMMISSIONERS <br /> BEFORE LAND IN THAT COUNTY MAY BE CONDEMNED OR ACQUIRED BY A UNIT <br /> OF LOCAL GOVERNMENT OUTSIDE THE COUNTY. <br /> <br />The General Assembly of North Carolina enacts: <br /> <br /> Section 1. Chapter 40A of the General Statutes is amended by <br />adding a new section to read: <br /> <br /> " 40A-40.1. Condemnation in another county.--Notwithstanding <br />G.S. 40A-3, or any other general or local law conferring the power of <br />eminent domain, before a complaint may be filed under G.S. 40A-41 by <br />a county, city or town, special district, or other unit of local <br />government which is located wholly or primarily outside another county <br />whereby the condemnor seeks to acquire property located in the other <br />county, the condemnor shall furnish proof that the county board of <br />commissioners of the county where the land is located has consented to <br />the taking." <br /> <br /> Sec. 2. G.S. 40A-41 is amended by adding a new subdivision to <br />read: <br /> <br /> "(9) If required by G.S. 40A-40.1, a copy of the resolution of <br />the county board of commissioners consenting to the taking." <br /> <br /> Sec. 3. Notwithstanding the provisions of G.S. 153A-158, Chapter <br />160A of the General Statutes, Article 12 of Chapter 130 of the General <br />Statutes, or any other general law or local act conferring the power <br />to acquire real property, before any county, city or town, special <br />district, or other unit of local government which is located wholly or <br />primarily outside another county acquires any real property located in the <br />other county by exchange, purchase or lease, it must have the approval of <br />the county board of commissioners of the county where the land is located. <br /> <br />Sec. 4. This act applies in Cabarrus County only. <br /> <br />Sec. 5. This act is effective upon ratification. <br /> <br /> <br />