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Report of the North Carolina Park Commission

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  • wcu_great_smoky_mtns-2903.jpg
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  • CHAPTER 48 after be provided by law for State bonds, and the form and denomination thereof shall be such as the State Treasurer may determine in conformity with this act. SECTION 7. That before selling the bonds herein authorized to be issued the State Treasurer shall advertise the sale and invite sealed bids in such manner as in his judgment may seem most effectual to secure the best price. He is authorized to accept bids for the entire amount of said bonds, or any portion thereof, and when the conditions are equal he shall give the preference of purchase to the citizens of North Carolina; and he is empowered to sell the bonds herein authorized in such manner as in his judgment will produce the best price, but not for less than par and accured interest. SECTION 8. That the proceeds of said bonds and of the bond anticipation notes herein authorized (except the proceeds of bonds the issuance of which has been anticipated by such bond anticipation notes) shall be placed by the Treasurer in a special fund to be designated "North Carolina Park Fund", and be disbursed only for the purposes provided in this act. SECTION 9. That by and with the consent of the Governor and Council of State, who shall determine the rate or maximum rate of interest and the date or approximate date of payment, the State Treasurer is hereby authorized to borrow money at the lowest rate of interest obtainable, and to execute and issue notes of the State for the same, but only in the following circumstances and under the following conditions : (A) For anticipating the sale of any of said bonds, if the Treasurer shall deem it advisable to postpone the issuance of such bonds. (B) For the payment of interest upon or any installment of principal of any of said bonds then outstanding if there shall not be sufficient funds in the State Treasury with which to pay such interest or installments as they respectively fall due. (C) For the renewal of any Joar?VJe^dence5 %ya notes herein authorized. -Western Carolina University , Hunter Library SECTION 10. That notes issued in anticipation of the sale of said bonds shall be paid with funds derived from the sale of the bonds unless otherwise provided for by the General Assembly, and notes issued for the payment of interest and installments of principal shall be paid from funds provided by the General Assembly for the payment of such interest and principal when such funds are collected. Interest payments upon said notes may be evidenced by interest coupons in the Treasurer's discretion. SECTION 11. That the full faith, credit and taxing power of the State are hereby pledged for the payment of the principal and interest of the bonds and notes herein authorized. SECTION 12. That the coupons of said bonds and notes after maturity shall be received in payment of all taxes, debts, dues, licenses, fines and demands due the State of any kind whatsoever. SECTION 13. That all of said bonds and notes and coupons shall be exempt from all State, county and municipal taxation or assessments, direct or indirect, general or special, whether imposed for the purpose of general revenue or otherwise, and the interest on said bonds and notes shall not be subject to taxation as for income, nor shall said bonds or notes or coupons be subject to taxation when constituting a part of the surplus of any bank, trust company or other corporation. SECTION 14. That it shall be lawful for all executors, administrators, guardians and fiduciaries generally, and all sinking fund commissions, to invest any moneys in their hands in said bonds and notes. SECTION 15. That for the retirement of the principal of said bonds at maturity a sinking fund is hereby created, into which fund the State Treasurer shall pay during each fiscal year a sum sufficient to pay the principal of said bonds at maturity. SECTION 16. The North Carolina Park Commission, under rules and regulations established and promulgated by it, shall have full control over the funds in the hands of the State Treasurer known as the North Carolina Park Fund and the same shall be paid out of the State Treasury upon proper voucher of the North Carolina Park Commission for carrying out the purposes of this act. SECTION 17. The funds derived from the sale of bonds authorized by this act shall be devoted wholly to the acquisition of lands lying within the State of North Carolina, within the boundary hereinbefore designated, which have been or shall be approved for purchase for park land by the Secretary of the Interior of the United States. SECTION 18. The commission hereby appointed, as an agency of the State of North Carolina, is vested with the power of eminent domain to acquire in the name of and in behalf of the State of North Carolina and to condemn for park purposes land and other property, including dwelling houses, out-buildings, orchards, yards and gardens within the area hereinbefore set out and without being subject to the limitations provided by section one thousand seven hundred and fourteen of chapter thirty-three, Consolidated Statutes of North Carolina, and amendments thereto. The power of eminent domain hereby conferred shall be exercised under and in pursuance of the provisions of chapter thirty-three of the Consolidated Statutes of North Carolina, except that it shall in no case be necessary to allege or prove that an effort has been made to agree with the owner upon a fair and reasonable price for the acquisition of any property sought to be acquired. SECTION 19. "In addition to the summons in such condemnation proceedings the clerk of the court shall, at the time of issuing such summons, publish a notice of the filing of the petition containing the name of the petitioner, the name or names of all persons named in the petition, together with a short but accurate description of the land and the relief demanded in some secular newspaper published in the county wherein the land is situate, and having general circulation in said county; and if there be no such paper, then in a newspaper nearest thereto and having general circulation in the county wherein the land lies once a week for 57
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  • This North Carolina Park Commission Report was completed at the close of 1939 and submitted to North Carolina Governor Clyde R. Hoey. The 62-page publication, compiled for the Commission by Albert H. Blake, begins with a letter to the governor reporting that all of the land on the North Carolina side of the park has been purchased and conveyed to the federal government. The report includes an auditor’s report, information about the Rockefeller fund, and a copy of the 1927 law that brought the commission into being. The report includes lists tracts of land, family names, and values paid for purchase. W.W. Neal was chairman of the commission at the time and G.F. Hankins was secretary.