N.C. Gen. Stat. » Chapter 63
NC General Statutes

N.C. Gen. Stat. § 63-5 (2026)

Airport declared public purpose; eminent domain

✓ current as of July 2026
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Any lands acquired, owned, controlled, or occupied by such cities, towns, and/or counties, for the purposes enumerated in G.S. 63-2, 63-3 and 63-4, shall and are hereby declared to be acquired, owned, controlled and occupied for a public purpose, and such cities, towns and/or counties shall have the right to acquire property for such purpose or purposes under the power of eminent domain as and for a public purpose. (1929, c. 87, s. 5.)

 

Notes of Decisions
Cited in 7 cases, 1961–2001 · leading case: Piedmont Triad Airport Auth. v. Urbine, 554 S.E.2d 331 (N.C. 2001).
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Piedmont Triad Airport Auth. v. Urbine, 554 S.E.2d 331 (N.C. 2001). · cites it 6× “§ 63-4 and the airport authority’s charter operate in tandem is significant for the purposes of N.C.G.S. § 63-5, which provides as follows: Any lands acquired, owned, controlled, or occupied by such cities, towns, and/or counties, for the purposes enumerated in G.”
Pinehurst Airlines, Inc. v. Resort Air Servs., Inc., 476 F. Supp. 543 (M.D.N.C. 1979). · cites it 4× “[is] hereby declared to be [a] public . . . [function].” N.C. G.S. § 63-50 (1975 Replacement); and that “Any lands acquired, owned, controlled or occupied by such cities, towns, and/or counties .”
Long v. City of Charlotte, 293 S.E.2d 101 (N.C. 1982). “*210 § 63-5). The procedure to be used is not specified by Chapter 63.”
Hoyle v. City of Charlotte, 172 S.E.2d 1 (N.C. 1970). “Defendant, by the exercise of the power of eminent domain conferred by G.S. 63-5, could have condemned an easement of flight over all of the property of plaintiff for all type aircraft at minimum altitudes of 79, 80 or 90 feet above the surface of the ground and higher.”
Greensboro-High Point Airport Auth. v. Irvin, 245 S.E.2d 390 (N.C. Ct. App. 1978). “See also G.S. 63-5. It is also clearly established by judicial decisions that the taking of land for the establishment and maintenance of a municipal airport is for a public purpose.”
City of Reidsville v. Citizens Dev. Corp., 120 S.E.2d 730 (N.C. 1961). · cites it 3× “" Do the parties by this stipulation mean this property is not needed as an airport, a public purpose, because this public purpose has been filled by other properties dedicated to that purpose or do they mean that the city council can set at nought the will of the people and…”
Jewell Ridge Coal Corp. v. City of Charlotte, North Carolina, 204 F. Supp. 256 (W.D.N.C. 1962). “§ 63-5. 8. Plaintiffs are not entitled to recover from the Defendant municipality because of their failure to give notice to the City of Charlotte of their claims for damages within 90 days after the happening of the event.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.