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APPLICATION OF DEPARTMENT OF ARCHIVES AND HISTORY

No. 104.

98 S.E.2d 487 (1957)

246 N.C. 392

In the Matter of APPLICATION OF DEPARTMENT OF ARCHIVES AND HISTORY for Certificate of Public Convenience and Necessity for Restoration of TRYON'S PALACE, NEW BERN, North Carolina.

Supreme Court of North Carolina.

June 7, 1957.

Attorney(s) appearing for the Case

Barden, Stith & McCotter, R. E. Whitehurst, John Beaman, New Bern, Jones, Reed & Griffin, Kinston, for protestantsappellants.

George B. Patton, Atty. Gen., John Hill Paylor, Asst. Atty. Gen., Henry A. Grady, Jr., W. J. Lansche, Jr., New Bern, for State ex rel. North Carolina Utilities Com. and Department of Archives and History, appellees.

HIGGINS, Justice.

Chapter 791, Session Laws of 1945, authorized the Department of Conservation and Development to accept gifts, to acquire property, and to restore Tryon's Palace in New Bern. The Act gives to the Department of Conservation and Development authority to acquire by purchase or condemnation "such areas of land in New Bern * * * as it may find to be necessary for the restoration of said palace. * * *" And condemnation must be in accordance with Chapter...

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