reglab/housing_qa huggingface dataset:
NC Gen Stat § 136-148 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 12 - Junkyard Control Act.|§ 136-148 - Acquisition of existing junkyards where screening impractical.

 136-148. Acquisition of existing junkyards where screening impractical.(a) In the event that the Department of Transportation shall determine that screening of any existing junkyard designated in G.S. 136-147 hereof would be inadequate to accomplish the purposes of this Article, the said Department of Transportation is authorized to secure the relocation, removal or disposal of such junkyard by acquiring the fee simple title, or such lesser interest in land as may be necessary, to the land upon which said junkyard is located, through purchase, gift, exchange or condemnation.(b) The Department of Transportation is authorized to move and relocate junk located on lands within the provisions of this section, and is authorized to pay the costs of such moving or relocation.(c) The Department of Transportation is authorized to acquire by purchase, gift, exchange or condemnation, fee simple title or any lesser interest in real property for the purpose of placing and relocating the junk required to be moved under this section or permitted by G.S. 136-146 hereof to be removed. The Department of Transportation is authorized to convey in the manner provided by law for the conveyance of state-owned property, the lands on which junk is to be relocated, to the owner of the junk with or without consideration, under such conditions and reservations as it deems to be in the public interest.(d) The Department of Transportation is authorized to convey in the manner provided by law for the conveyance of state-owned property any property acquired under the provisions of this section, under such conditions and reservations as it deems to be in the public interest.(e) The Department of Transportation upon a determination that the same is necessary for the removal of any junkyard which is prohibited by G.S. 136-144 may acquire by gift, exchange, purchase or condemnation, the junk located on any junkyard which is acquired under this section and may acquire by gift, exchange, purchase or condemnation the fee simple title or lesser interest in land for the purpose of storing said junk by the Department of Transportation and may dispose of said junk in any manner which is not inconsistent with this Article. (1967, c. 1198, s. 8; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)
NC Gen Stat § 136-149 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 12 - Junkyard Control Act.|§ 136-149 - Permit required for junkyards.

 136-149. Permit required for junkyards.No person shall establish, operate or maintain a junkyard any portion of which is within 1,000 feet of the nearest edge of the right-of-way of the interstate or primary system or a North Carolina route in a county that does not have an interstate or federal aid primary highway without obtaining a permit from the Department of Transportation or its agents pursuant to the procedures set out by the rules and regulations promulgated by the Department of Transportation. No permit shall be issued under the provisions of this section for the establishment, operation or maintenance of a junkyard within 1,000 feet to the nearest edge of the right-of-way of interstate or primary system except those junkyards which conform to one or more of the exceptions of G.S. 136-144. The permit shall be valid until revoked for the nonconformance of this Article or rules and regulations promulgated by the Department of Transportation thereunder. Any person aggrieved by the decision of the Department of Transportation or its agents in refusing to grant or revoking a permit may appeal the decision in accordance with the rules and regulations enacted by the Department of Transportation pursuant to this Article to the Secretary of Transportation who shall make the final decision upon the agency appeal. The Department of Transportation shall have the authority to charge fees to defray the costs of administering the permit procedures under this Article. The fees for junkyard permits to be issued under this Article shall not exceed a twenty dollar ($20.00) initial fee and a fifteen dollar ($15.00) annual renewal fee. (1967, c. 1198, s. 9; 1973, c. 507, s. 5; c. 1439, s. 9; 1977, c. 464, s. 7.1; 1983, c. 604, s. 3; 1993, c. 493, s. 4.)
NC Gen Stat § 136-149.1 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 12 - Junkyard Control Act.|§ 136-149.1 - Judicial review.

 136-149.1. Judicial review.Any person who is aggrieved by a final decision of the Secretary of Transportation after exhausting all administrative remedies made available to him by rules and regulations enacted pursuant to this Article is entitled to judicial review of such decision under this Article. In order to obtain judicial review of the Secretary of Transportation's decision under this Article, the person seeking review must file a petition in the superior court of the county in which the junkyard is located within 30 days after written copy of the decision of the Secretary of Transportation is served upon the person seeking review. Failure to file such a petition within the time stated shall operate as a waiver of the right of such person to review under this Chapter.The petition shall state explicitly what exceptions are taken to the decisions of the Secretary of Transportation and what relief petitioner seeks. Within 10 days after the petition is filed with the court, the person seeking the review shall serve copies of the petition by registered mail, return receipt requested, upon the Department of Transportation. Within 30 days after receipt of the copy of the petition for review, or within such additional time as the court may allow, the Department of Transportation shall transmit to the reviewing court a certified copy of the written decision.At any time before or during the review proceeding, the aggrieved party may apply to the reviewing court for an order staying the operation of the decision of the Secretary of Transportation pending the outcome of the review. The court may grant or deny the stay in its discretion upon such terms as it deems proper. The review of the decision of the Secretary of Transportation under this Article shall be conducted by the court without a jury and shall hear the matter de novo pursuant to the rules of evidence as applied in the general court of justice. The court, after hearing the matter may affirm, reverse or modify the decision if the decision is:(1) In violation of constitutional provisions; or(2) Not made in accordance with this Article or rules or regulations promulgated by the Department of Transportation;(3) Affected by other error or law.The party aggrieved shall have the burden of showing that the decision was violative of one of the above.A party to the review proceedings, including the agency, may appeal to the appellate division from the final judgment of the superior court under the rules of procedure applicable in other civil cases. The appealing party may apply to the superior court for a stay for its final determination or a stay of the administrative decision, whichever shall be appropriate, pending the outcome of the appeal to the appellate division. (1973, c. 1439, s. 10; 1977, c. 464, ss. 7.1, 32, 33.)
NC Gen Stat § 136-150 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 12 - Junkyard Control Act.|§ 136-150 - Condemnation procedure.

 136-150. Condemnation procedure.The Department of Transportation shall use the condemnation procedure as provided by Article 9 of Chapter 136 of the General Statutes for the purposes of this Article. (1967, c. 1198, s. 10; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)
NC Gen Stat § 136-151 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 12 - Junkyard Control Act.|§ 136-151 - Rules and regulations by Department of Transportation; delegation of authority to Secretary of Transportation.

 136-151. Rules and regulations by Department of Transportation; delegation of authority to Secretary of Transportation.The Department of Transportation is authorized to promulgate rules and regulations in the form of ordinances governing:(1) The establishment, operation and maintenance of junkyards permitted in G.S. 136-144 which shall include, but not be limited to, rules and regulations for determining unzoned industrial areas for the purpose of this Article.(2) The specific requirements and procedures for obtaining a permit for junkyards as required in G.S. 136-149 and for the administrative procedures for appealing a decision at the agency level to refuse to grant or in revoking a permit previously issued.(3) The administrative procedures for appealing a decision at the agency level to declare any junkyard illegal and a nuisance as pursuant to G.S. 136-146.(4) The specific requirements governing the location, planting, construction and maintenance of material used in the screening or fencing required by this Article, all as may be necessary to carry out the policy of the State as declared in this Article.The Department of Transportation, in its discretion, may delegate to the Secretary of Transportation the authority to promulgate such rules and regulations on its behalf. (1967, c. 1198, s. 11; 1973, c. 507, s. 5; c. 1439, s. 11; 1977, c. 464, s. 7.1.)
NC Gen Stat § 136-152 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 12 - Junkyard Control Act.|§ 136-152 - Agreements with United States.

 136-152. Agreements with United States.The Department of Transportation is authorized to enter into agreements with other governmental authorities relating to the control of junkyards and areas in the vicinity of interstate and primary systems, and to take action in the name of the State to comply with the terms of such agreement. (1967, c. 1198, s. 12; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)
NC Gen Stat § 136-153 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 12 - Junkyard Control Act.|§ 136-153 - Zoning changes.

 136-153. Zoning changes.All zoning authorities shall give written notice to the Department of Transportation of the establishment or revision of any industrial zone within 660 feet of the right-of-way of interstate or primary highways. Notice shall be by registered mail sent to the offices of the Department of Transportation in Raleigh, North Carolina, within 15 days after the effective date of the zoning change or establishment. (1967, c. 1198, s. 13; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)
NC Gen Stat § 136-154 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 12 - Junkyard Control Act.|§ 136-154 - Alternate control.

 136-154. Alternate control.In addition to any other provisions of this Article, the Department of Transportation shall have the authority to acquire by purchase, gift, exchange, or condemnation, such interests in real property as may be necessary to control the establishment and maintenance of junkyards in accordance with the policy, standards and regulations set out herein. (1967, c. 1198, s. 14; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)
NC Gen Stat § 136-155 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 12 - Junkyard Control Act.|§ 136-155 - Availability of federal aid funds.

 136-155. Availability of federal aid funds.The Department of Transportation shall not be required to expend any funds for the regulation of junkyards under this Article, nor shall the provisions of this Article, with the exception of G.S. 136-152 hereof, have any force and effect until federal funds are made available to the State for the purpose of carrying out the provisions of this Article, and the Department of Transportation has entered into an agreement with the United States Secretary of Transportation as authorized by G.S. 136-152 hereof and as provided by the Highway Beautification Act of 1965 or subsequent amendment thereto. (1967, c. 1198, s. 15; 1973, c. 507, s. 5; c. 1439, s. 12; 1977, c. 464, s. 7.1.)
NC Gen Stat § 136-175 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 14 - North Carolina Highway Trust Fund.|§ 136-175 - Definitions.

 136-175. Definitions.The following definitions apply in this Article:(1) Repealed by Session Laws 2013-183, s. 4.7, effective July 1, 2013.(2) Transportation Improvement Program. The schedule of major transportation improvement projects required by G.S. 143B-350(f)(4).(3) Trust Fund. The North Carolina Highway Trust Fund.  (1989, c. 692, s. 1.1; 2004-124, s. 30.21(a); 2013-183, s. 4.7.)
NC Gen Stat § 136-189.20 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 14C - Mobility/Modernization Fund.|§ 136-189.20 - Spot Mobility Program.

 136-189.20. Spot Mobility Program.(a) Of the funds appropriated to the Mobility/Modernization Fund in the Highway Fund, forty percent (40%) of the funds shall be used for a Spot Mobility Program that shall be managed by the State Traffic Engineer of the Department of Transportation. The purpose of the Spot Mobility Program is to provide funding for small projects that will reduce traffic congestion and vehicular delay times. The Department shall develop a quantitative, evidence-based formula to use in selecting projects to receive funding from the Spot Mobility Program. At a minimum, the Department shall consider all of the following in developing the formula required by this section:(1) The travel-time savings resulting from the proposed project.(2) Reductions to motor vehicle queues resulting from the proposed project.(3) The service life of the proposed project.(4) The benefit-cost ratio of the proposed project.(b) In selecting projects to receive funding from the Spot Mobility Program, the Department shall give preference to projects that will improve access from the State highway system to a school. For purposes of this section, the term "school" means any facility engaged in the educational instruction of children in any grade or combination of grades from kindergarten through the twelfth grade at which attendance satisfies the compulsory attendance law and includes charter schools as authorized under G.S. 115C-218.5.  (2019-231, s. 4.12(a).)
NC Gen Stat § 136-189.21 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 14C - Mobility/Modernization Fund.|§ 136-189.21 - Economic development; small construction; industrial access.

 136-189.21. Economic development; small construction; industrial access.Of the funds appropriated to the Mobility/Modernization Fund in the Highway Fund, twelve percent (12%) of the funds shall be used for the following purposes:(1) For prioritized transportation improvements and infrastructure that expedite commercial growth as well as either job creation or job retention.(2) For small construction projects recommended by the Chief Engineer in consultation with the Chief Operating Officer and approved by the Secretary of Transportation. Funds used in accordance with this subdivision shall be allocated equally among the 14 highway divisions for small construction projects.(3) For the development and expansion of access roads to industrial facilities.  (2019-231, s. 4.12(a).)
NC Gen Stat § 136-189.22 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 14C - Mobility/Modernization Fund.|§ 136-189.22 - High-impact and low-cost construction projects.

 136-189.22. High-impact and low-cost construction projects.Of the funds appropriated to the Mobility/Modernization Fund in the Highway Fund, forty-eight percent (48%) of the funds shall be used for construction projects that are high impact and low cost. The funds shall be allocated equally among the 14 highway divisions. Projects funded under this section include intersection improvement projects, minor widening projects, and operational improvement projects. The Department shall develop a quantitative, evidence-based formula to use in selecting projects to receive funding under this section. At a minimum, the Department shall consider all of the following in developing the formula required by this section:(1) The average daily traffic volume of a roadway and whether the proposed project will generate additional traffic.(2) Any restrictions on a roadway.(3) Any safety issues with a roadway.(4) The condition of the lanes, shoulders, and pavement on a roadway.(5) The sight distance and radius of any intersection on a roadway.  (2019-231, s. 4.12(a).)
NC Gen Stat § 136-189.23 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 14C - Mobility/Modernization Fund.|§ 136-189.23 - Annual report.

 136-189.23. Annual report.The Department shall submit to the Joint Legislative Transportation Oversight Committee and to the Fiscal Research Division an annual report beginning March 1, 2020, detailing (i) the types of projects funded under this Article and (ii) the total amount of funding allocated to each project funded under this Article.  (2019-231, s. 4.12(a).)
NC Gen Stat § 136-191 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 15 - Railroads.|§ 136-191 - Intersection with highways.

 136-191. Intersection with highways.Whenever the track of a railroad shall cross a highway or turnpike, such highway or turnpike may be carried under or over the track, as may be found most expedient; and in cases where an embankment or cutting shall make a change in the line of such highway or turnpike desirable, then the railroad company may take such additional lands for the construction of the road, highway or turnpike on such new line as may be deemed requisite. Unless the land so taken shall be purchased for the purposes aforesaid, compensation therefor shall be ascertained in the manner prescribed in the Chapter Eminent Domain, and duly made by such corporation to the owners and persons interested in such land. The same when so taken shall become a part of such intersecting highway or turnpike in such manner and by such tenure as the adjacent parts of the same highway or turnpike may be held for highway purposes. (1871-2, c. 138, s. 26; Code, s. 1954; Rev., s. 2568; C.S., s. 3448; 1963, c. 1165, s. 1; 1998-128, s. 14.)
NC Gen Stat § 136-192 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 15 - Railroads.|§ 136-192 - Obstructing highways; defective crossings; notice; failure to repair after notice misdemeanor.

 136-192. Obstructing highways; defective crossings; notice; failure to repair after notice misdemeanor.(a) Whenever, in their construction, the works of any railroad corporation shall cross established roads or ways, the corporation shall so construct its works as not to impede the passage or transportation of persons or property along the same. If any railroad corporation shall so construct its crossings with public streets, thoroughfares or highways, or keep, allow or permit the same at any time to remain in such condition as to impede, obstruct or endanger the passage or transportation of persons or property along, over or across the same, the governing body of the county, city or town, or other public road authority having charge, control or oversight of such roads, streets or thoroughfares may give to such railroad notice, in writing, directing it to place any such crossing in good condition, so that persons may cross and property be safely transported across the same.(b) The notice may be served upon the agent of the offending railroad located nearest to the defective or dangerous crossing about which the notice is given, or it may be served upon the section master whose section includes such crossing. Such notice may be served by delivering a copy to such agent or section master, or by registered or certified mail addressed to either of such persons.(c) If the railroad corporation shall fail to put such crossing in a safe condition for the passage of persons and property within 30 days from and after the service of the notice, it shall be guilty of a Class 1 misdemeanor. Each calendar month which shall elapse after the giving of the notice and before the placing of such crossing in repair shall be a separate offense.(d) This section shall in nowise be construed to abrogate, repeal or otherwise affect any existing law now applicable to railroad corporations with respect to highway and street crossings; but the duty imposed and the remedy given by this section shall be in addition to other duties and remedies now prescribed by law. (R.C., c. 61, s. 30; 1874-5, c. 83; Code, s. 1710; Rev., s. 2569; 1915, c. 250, ss. 1, 2; C.S., ss. 3449, 3450; 1963, c. 1165, s. 1; 1993, c. 539, s. 480; 1994, Ex. Sess., c. 24, s. 14(c); 1998-128, s. 14.)
NC Gen Stat § 136-193 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 15 - Railroads.|§ 136-193 - Joint construction of railroads having same location.

 136-193. Joint construction of railroads having same location.Whenever two railroad companies shall, for a portion of their respective lines, embrace the same location of line, they may by agreement provide for the construction of so much of said line as is common to both of them, by one of the companies, and for the manner and terms upon which the business thereon shall be performed. (1871-2, c. 138, s. 46; Code, s. 1983; Rev., s. 2602; C.S., s. 3473; 1963, c. 1165, s. 1; 1998-128, s. 14.)
NC Gen Stat § 136-194 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 15 - Railroads.|§ 136-194 - Cattle guards and private crossings; failure to erect and maintain misdemeanor.

 136-194. Cattle guards and private crossings; failure to erect and maintain misdemeanor.Every company owning, operating or constructing any railroad passing through and over the enclosed land of any person shall, at its own expense, construct and constantly maintain, in good and safe condition, good and sufficient cattle guards at the points of entrance upon and exit from such enclosed land and shall also make and keep in constant repair crossings to any private road thereupon. Every railroad corporation which shall fail to erect and constantly maintain the cattle guards and crossings provided for by this section shall be liable to an action for damages to any party aggrieved, and shall be guilty of a Class 3 misdemeanor and only fined in the discretion of the court. Any cattle guard approved by the Commission shall be deemed a good and sufficient guard under this section. (1883, c. 394, ss. 1, 2, 3; Code, s. 1975; Rev., ss. 2601, 3753; 1915, c. 127; C.S., s. 3454; 1933, c. 134, s. 8; 1941, c. 97, s. 5; 1963, c. 1165, s. 1; 1993, c. 539, s. 481; 1994, Ex. Sess., c. 24, s. 14(c); 1998-128, s. 14.)
NC Gen Stat § 136-195 (2021)
2021 North Carolina General Statutes|Chapter 136 - Transportation|Article 15 - Railroads.|§ 136-195 - To regulate crossings and to abolish grade crossings.

 136-195. To regulate crossings and to abolish grade crossings.The Department may require the raising or lowering of any tracks or roadway at any grade crossing in a road or street not forming a link in or part of the State highway system and designate who shall pay for the same by partitioning the cost of said work and the maintenance of such crossing among the railroads and municipalities interested in accordance with the formula provided for grade crossing alterations or eliminations on the State highway system in G.S. 136-20(b). (1899, c. 164, s. 2, subsec. 13; Rev., s. 1097; 1907, c. 469, s. 1c; 1911, c. 197, s. 1; C.S. ss. 1041, 1048; 1933, c. 134; s. 8; 1941, c. 97; 1963, c. 1165, s. 1; 1998-128, ss. 14, 15.)