GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-396
SENATE BILL 1167
AN ACT directing the department of administration to inform counties and municipalities before acquiring land within their boundaries.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 146-22 reads as rewritten:
"§ 146-22. All acquisitions to be made by Department of Administration.
(a) Every
acquisition of land on behalf of the State or any State agency, whether by
purchase, condemnation, lease, or rental, shall be made by the Department of
Administration and approved by the Governor and Council of State; provided
that ifState.
(b) If the
proposed acquisition is a purchase or gift of land with an appraised value
of at least twenty-five thousand dollars ($25,000), and the acquisition is for
other than a transportation purpose, the acquisition may only be made after
written notice to the Joint Legislative Commission on Governmental Operations
Operations, to the board of commissioners and the county manager, if
any, of the county in which the land is located, and to the governing body and
the city manager, if any, of the municipality in which the land is located if
the land is located within a municipality. The notice shall be given to the
Chairs chairs of the Commission and of the county and
municipal governing boards at least 30 days prior to the acquisition,
whoacquisition, and the chairs shall forward a copy of the notice to
the members of the Commissiontheir respective bodies within three
days of their receipt of the notice, andnotice. The board of
commissioners, individual commissioners, the governing body of the
municipality, and individual members of that body may provide written comments
on the acquisition to the Department of Administration; the Department shall
forward the comments to the Governor and the Council of State.
In determining whether the appraised value is at least twenty-five thousand dollars ($25,000), the value of the property in fee simple shall be used.
The State may not purchase land as a tenant-in-common without consultation with the Joint Legislative Commission on Governmental Operations if the appraised value of the property in fee simple is at least twenty-five thousand dollars ($25,000).
(c) provided
further, that acquisitionsAcquisitions on behalf of the University
of North Carolina Health Care System shall be made in accordance with
G.S. 116-37(i), acquisitions on behalf of the University of North Carolina
Hospitals at Chapel Hill shall be made in accordance with G.S. 116-37(a)(4),
acquisitions on behalf of the clinical patient care programs of the School of
Medicine of The University of North Carolina at Chapel Hill shall be made in
accordance with G.S. 116-37(a)(4), and acquisitions on behalf of the
Medical Faculty Practice Plan of the East Carolina University School of
Medicine shall be made in accordance with G.S. 116-40.6(d). In
determining whether the appraised value is at least twenty-five thousand
dollars ($25,000), the value of the property in fee simple shall be used. The
State may not purchase land as a tenant-in-common without consultation with the
Joint Legislative Commission on Governmental Operations if the appraised value
of the property in fee simple is at least twenty-five thousand dollars
($25,000)."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 31st day of July, 2007.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 2:55 a.m. this 20th day of August, 2007