AN ACT to authorize the encroachment of air space above State road 1100, River Road, in the city of wilmington for the construction of a material conveyance system.

The General Assembly of North Carolina enacts:

SECTION 1.  The Department of Transportation is hereby authorized to permit private use and encroachment upon the air space above State Road 1100, River Road, in the City of Wilmington, for the purpose of construction of a material conveyance system, provided in the opinion of the Department of Transportation, such material conveyance system will not unreasonably interfere with or impair the property rights or easements of abutting owners nor unreasonably interfere with or obstruct the public use of State Road 1100, River Road.  This encroachment shall be subject to all other rules, regulations, and conditions of the Department of Transportation for encroachments.  The location, plans, and specifications for the material conveyance system shall be approved by the Department.
SECTION 2.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 7th day of July, 2008.

	s/	 Beverly E. Perdue
	 President of the Senate

	s/	 Joe Hackney
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 12:00 p.m. this 11th day of July, 2008