NC General Statutes

N.C. Gen. Stat. § 136-45 (2026)

General purpose of law; control, repair and maintenance of highways

✓ current as of July 2026
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The general purpose of the laws creating the Department of Transportation is that said Department of Transportation shall take over, establish, construct, and maintain a statewide system of hard-surfaced and other dependable highways running to all county seats, and to all principal towns, State parks, and principal State institutions, and linking up with state highways of adjoining states and with national highways into national forest reserves by the most practical routes, with special view of development of agriculture, commercial and natural resources of the State, and, except as otherwise provided by law, for the further purpose of permitting the State to assume control of the State highways, repair, construct, and reconstruct and maintain said highways at the expense of the entire State, and to relieve the counties and cities and towns of the State of this burden. (1921, c. 2, s. 2; C.S., s. 3846(a); 1943, c. 410; 1957, c. 65, s. 11; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1; 2007-428, s. 2.)

 

§§ 136-46 through 136-47.  Repealed by Session Laws 1977, c. 464, s. 22.

 

§§ 136-48 through 136-50.  Repealed by Session Laws 1943, c. 410.

 

Part 2. County Public Roads Incorporated into State Highway System.
Notes of Decisions
Cited in 10 cases, 1962–2011 · leading case: Ray v. N.C. Dep't of Transp., 720 S.E.2d 720 (N.C. Ct. App. 2011).
Ray v. N.C. Dep't of Transp., 720 S.E.2d 720 (N.C. Ct. App. 2011). · cites it 4× “2d 725, 732 (2009) (quoting finding by the North Carolina Industrial Commission and concluding it was consistent with the duty of the DOT as prescribed by section 143B-346 of our General Statutes); see N.C. Gen.Stat. § 136-45 (2009) (providing that the DOT "shall take over,…”
Matternes v. City of Winston-Salem, 209 S.E.2d 481 (N.C. 1974). · cites it 3× “) G.S. § 136-45 provides: "General purpose of law: control, repair and maintenance of highways.”
Blackwell v. Hatley, 688 S.E.2d 742 (N.C. Ct. App. 2010). · cites it 2× “*219 However, N.C. Gen. Stat. § 136-45 (2009) provides in part that the “general purpose of .”
North Carolina Tpk. Auth. v. Pine Island, Inc., 143 S.E.2d 319 (N.C. 1965). · cites it 2× “” G.S. 136-45 declares the general purpose of the system to be “highways running to all county seats, and to all principal towns, State parks, and principal State institutions, and linking up with State highways of adjoining states and with national highways into national forest…”
State High. Comm'n v. Batts, 144 S.E.2d 126 (N.C. 1965). · cites it 3× “" G.S. § 136-45. The Commission is vested with the power of "general supervision over all matters relating to the construction of the State highways * * *.”
Baldwin v. GTE South, Inc., 428 S.E.2d 857 (N.C. Ct. App. 1993). · cites it 4× “" N.C.Gen.Stat. § 136-45. "The State Highway Commission [now DOT] was created by the General Assembly .”
Colombo v. Dorrity, 443 S.E.2d 752 (N.C. Ct. App. 1994). · cites it 2× “North Carolina General Statutes § 136-45 (1993) sets forth the general purpose of the laws creating the NCDOT and provides in pertinent part: [t]he general purpose of the laws creating the [North Carolina] Department of Transportation is .”
State of North Carolina Gaston Cnty. Est. of Jiggetts Ex Rel. Jiggetts v. City of Gastonia, 497 S.E.2d 287 (N.C. Ct. App. 1998). · cites it 2× “§ 136-45 (1993) sets forth the general purpose of the laws creating the North Carolina Department of Transportation (NCDOT) and recites that one of these purposes is to permit the State “to assume control of the State highways, repair, construct, and reconstruct and maintain…”
CCT Equip. Co. v. Hertz Corp., 123 S.E.2d 802 (N.C. 1962). “” G.S. 136-45. The Commission is given “general supervision over all matters relating to the construction of the State highway.”
Town of Morehead City v. North Carolina Dep't of Transp., 327 S.E.2d 602 (N.C. Ct. App. 1985). · cites it 2× “General Statute 136-54 states: The Board of Transportation shall be authorized, when in its judgment the public good requires it, to change, alter, add to, or abandon and substitute new sections for, any portion of State Highway System.”
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