NC General Statutes

N.C. Gen. Stat. § 136-51 (2026)

Maintenance of county public roads vested in Department of Transportation

✓ current as of July 2026

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From and after July 1, 1931, the exclusive control and management and responsibility for all public roads in the several counties shall be vested in the Department of Transportation as hereinafter provided, and all county, district, and township highway or road commissioners, by whatever name designated, and whether created under public, public-local, or private acts, shall be abolished:

Provided, that for the purpose of providing for the payment of any bonded or other indebtedness, and for the interest thereon, that may be outstanding as an obligation of any county, district, or township commission herein abolished, the boards of county commissioners of the respective counties are hereby constituted fiscal agents, and are vested with authority and it shall be their duty to levy such taxes on the taxable property or persons within the respective county, district, or township by or for which said bonds or other indebtedness were issued or incurred and as are now authorized by law to the extent that the same may be necessary to provide for the payment of such obligations; and the respective commissions herein abolished shall on or before July 1, 1931, turn over to said boards of county commissioners any moneys on hand or evidences of indebtedness properly applicable to the discharge of any such indebtedness (except such moneys as are mentioned in paragraph (a) above); and all uncollected special road taxes shall be payable to said boards of county commissioners, and the portion of said taxes applicable to indebtedness shall be applied by said commissioners to said indebtedness, or invested in a sinking fund according to law. All that portion of said taxes or other funds coming into the hands of said county commissioners and properly applicable to the maintenance or improvement of the public roads of the county shall be held by them as a special road fund and disbursed upon proper orders of the Department of Transportation.

Provided, further, that in order to fully carry out the provisions of this section the respective boards of county commissioners are vested with full authority to prosecute all suitable legal actions.

Nothing in this section shall prevent a county from participating in the cost of rights-of-way, construction, reconstruction, improvement, or maintenance of a road on the State highway system under agreement with the Department of Transportation. A county is authorized and empowered to acquire land by dedication and acceptance, purchase, or eminent domain and make improvements to portions of the State highway system lying within or outside the county limits utilizing local funds that have been authorized for that purpose. The provisions of G.S. 153A-15 apply to any county attempting to acquire property outside its limits. All improvements to the State highway system shall be done in accordance with the specifications and requirements of the Department of Transportation. (1931, c. 145, s. 7; 1933, c. 172, s. 17; 1957, c. 65, s. 11; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1; 2007-428, s. 3.)

§§ 136-52 through 136-53. Repealed by Session Laws 1977, c. 464, s. 22.

Part 3. Power to Make Changes in Highway System.

Notes of Decisions

Cited in 6 cases, 1955–2012 · leading case: High Rock Lake Partners, LLC v. North Carolina Dep't of Transp., 735 S.E.2d 300 (N.C. 2012).

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High Rock Lake Partners, LLC v. North Carolina Dep't of Transp., 735 S.E.2d 300 (N.C. 2012). · cites it 3× “See N.C.G.S. § 136-51 (2011). The DOT is charged with providing “for the necessary planning, construction, maintenance, and operation of an integrated statewide transportation system for the economical and safe transportation of people and goods as provided for by law.”

Waterway Drive Prop. Owners' Ass'n v. Town of Cedar Point, 737 S.E.2d 126 (N.C. Ct. App. 2012). · cites it 2× “” N.C. Gen. Stat. § 136-51 (2011). There is evidence of payments by the property owners, in the form of personal checks, for maintenance and repair of the road from the 1970s through the 1990s and of the Association’s by-laws and agreement that it would be responsible for…”

Merrell v. Jenkins, 89 S.E.2d 242 (N.C. 1955). “The defendants contend here that this Act was repealed by Section 7, Chapter 145, Public Laws of 1931, now codified as G.S. 136-51. The record discloses no ruling on this question below, and no assignment of error presents it here.”

Byers v. Stand. Concrete Prods. Co., 151 S.E.2d 38 (N.C. 1966). “— The State Highway Commission shall have authority to determine the maximum load limit for any and all bridges on the State highway system or on any county road systems, to be taken over under §§ 136-51 to 136-53, and post warning signs thereon, and it shall be unlawful for any…”

Shephard v. North Carolina State High. Comm'n, 162 S.E.2d 520 (N.C. Ct. App. 1968). “136-72 reads as follows: “The State Highway Commission shall have authority to determine the maximum load limit for any and all bridges on the State highway system or on any county road systems, to be taken over under §§ 136-51 to 136-53, and post warning signs thereon, and it…”

Reynolds v. J. C. Critcher, Inc., 123 S.E.2d 738 (N.C. 1962). “G.S. 136-51 reads in pertinent part as follows: “From and after July first, one thousand nine hundred and thirty-one, the exclusive control and management and responsibility for all public roads in the several counties shall be vested in the State Highway Commission * The…”

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