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CHAPTER 904 Session Laws—1969
H. B. 1100 CHAPTER 904
AN ACT TO PROVIDE FOR THE ACQUISITION OF CERTAIN LAND ON THE
OUTER BANKS OF NORTH CAROLINA TO ASSIST IN THE CREATION OF
THE FEDERALLY SPONSORED CAPE LOOKOUT NATIONAL SEASHORE.
WHEREAS, the Outer Banks of North Carolina provide an area of unique recrea-tional
potential, and provide a buffer for the North Carolina coastline against the
ravages of the open sea; and
WHEREAS, the Outer Banks are in danger ofbeing lost through erosion; and
WHEREAS, the Congress of the United States has authorized the creation of
the Cape Lookout National Seashore in order to preserve for public use and enjoy-ment
an area in the State of North Carolina possessing outstanding natural and
recreational values; and
WHEREAS, the State of North Carolina has offered the Federal Government
suitable land for the establishment of this facility; and
WHEREAS, it is in the best interest of the people of the State of North Carolina
that this land be acquired by the State and conveyed to the Federal Government
for the purpose of establishing the Cape Lookout National Seashore;
NOW, THEREFORE,
The General Assembly ofNorth Carolina do enact:
Section 1. The Department of Administration, an agency of the State of North
Carolina, is vested with full power and authority to acquire in the name of and
on behalf of the State of North Carolina, by donation, purchase, or condemnation,
all those lands and marshlands within an area on the Outer Banks of North Caroli-na
bounded on the north by Ocracoke Inlet, on the south by Cape Lookout Point
and the Atlantic Ocean, on the east by the Atlantic Ocean, and on the west by
Core Sound, Barden Inlet and Lookout Bight and any lands, marshlands, or islands
contiguous thereto necessary for the creation and maintenance of Cape Lookout
National Seashore, the necessity for, the public interest in, and the public use of,
being hereby declared as a matter of legislative determination. Provided, however,
those lands specifically excluded from inclusion in the boundaries of the proposed
Cape Lookout National Seashore by the terms of Public Law 89-366, passed by the
89th Congress on March 10, 1966, are also excluded from the authority to acquire
herein above granted.
Sec. 2. If negotiations for the purchase of the land are unsuccessful, or if the
State cannot obtain a good and sufficient title thereto by purchase from the owners,
the Department of Administration may request permission of the Governor and
Council of State to exercise the right of eminent domain and acquire any such land
by condemnation. The condemnation procedure to be followed shall be that pre-scribed
in Chapter 40, Article 2; Provided that the commissioners appointed to
appraise the land involved in this Act shall be appointed by the resident judge
of the superior court from among persons who are residents of counties adjoining
Carteret County. Upon approval by the Governor and Council of State, the Depart-ment
may proceed to exercise the right of eminent domain. Approval by no other
State agency shall be required as a prerequisite to the exercise of the power of
eminent domain by the Department.
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