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Report of the North Carolina Park Commission
Item
Item’s are ‘child’ level descriptions to ‘parent’ objects, (e.g. one page of a whole book).
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CHAPTER 48 award. Upon such hearing the judge shall have the power to limit and fix the necessary number of witnesses summoned on behalf of the land owner and no other witnesses than those so fixed and selected by the court shall be taxed against the State. If the court at the time of the final hearing shall find that the cost of the trial to any one or more defendants shall be greater at the place where the trial is had than in the county where the land or some portion thereof of such person is situated, it shall be lawful for said court to determine such excess cost and to tax the same as part of the cost against the petitioner. The said commission shall at all times have the power and authority to cause the said proceedings to be dismissed as to any land owner or land owners or any particular tract or portion thereof described in the petition without prejudice to its rights as to other lands so described in said petition or the right to condemn the same: PROVIDED, HOWEVER, that no tract of land shall be condemned herein unless all of the known owners shown by the record or those claiming an interest therein shall be made parties thereto. After the final judgment is rendered if, in the opinion of said commission, the award is so excessive as to make the acquisition of the title to said lands undesirable by the State of North Carolina, then the said commission shall be authorized to designate in writing filed in said proceedings its election not to acquire the title to such lands and not to pay the award therefor and such action on its part shall be without prejudice as to any other lands sought to be condemned therein, and in case the election is so made not to pay the award for any of said lands, then the petitioner shall pay to the defendant his costs incurred in said proceedings on account of the lands so rejected by the commission. SECTION 26. Notwithstanding any of the preceding provisions hereof, no bonds shall be issued and no part of the funds to be derived therefrom shall be expended until it shall have been made to appear to said commission: (A) That the Secretary of the Interior has in pursuance of the act of Congress designated the areas to be acquired within the States of North Carolina and Tennessee suitable for general development for National Park purp<(§^VJa^]ptr^Mafe;riarla Catl0n' vided in said act of Congress. Western CarolinaUniveMified this the 25th day of February, A. D. 1927. (B) That adequate financial provision has been made by or on behalf of the State of Tennessee for the purchase of its portion of the designated area lying within the State of Tennessee set forth in section four hereof. (C) That adequate financial provision, including the amount appropriated hereby, has been made to purchase that part of the said area lying within the State of North Carolina designated by the Secretary of the Interior. SECTION 26^. After the findings of said commission as above set out shall have been made, and if and when the Governor and Council of State shall have also made the findings as set out in subsections (A), (B) and (C) of section twenty-six on their part, then the said bonds shall be issued as herein provided. SECTION 27. That at any time after the issuance of summons in any proceeding hereunder, the petitioner may, under the practice now obtaining, apply to either the resident or presiding judge referred to in section twenty hereof, for an order restraining the defendants or any of them, as to any of the lands sought to be condemned, and if the court is of the opinion that such defendants, or any of them, are engaged in or are likely to be engaged in, or have threatened to engaged in, any act that will affect or change the present character and condition of such lands, then such restraining order shall be issued, without bond, and upon such terms as may be just. In the event that the petitioner shall elect not to acquire title to the lands protected by said restraining order, then such land owner or land owners interested therein shall have the right to have the damages suffered by them assessed in said proceeding, in the same manner and under the same practice as now applying when injuctions are dismissed upon the hearing or upon final judgment: PROVIDED, that the State of North Carolina shall be under no obligations or liability for the payment of any such damages so assessed. SECTION 28. All laws conflicting herewith are hereby repealed. SECTION 29. This act shall be in force from and after Hunter Library 59
Object
Object’s are ‘parent’ level descriptions to ‘children’ items, (e.g. a book with pages).
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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.
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