North Carolina § 124-11 - Definition.

§ 124-11. Definition.

As used in this Chapter, the term "State-Owned Railroad Company" shall mean a railroad company in which the State owns all of the voting stock. History (2000-146, s.7) Editor's Note. - Session Laws 2012-194, s. 71.5(b), provides that "Section 52 of 2011-391 reads as rewritten", but sets out the text of Session Laws 2011-145, s. 28.12A. At the direction of the Revisor of Statutes, the amendment has not been implemented. Had the amendment been implemented as was intended, it would have deleted the next-to-last paragraph of Session Laws 2011-145, s. 28.12A, as amended by Session Laws 2011-391, s. 52, which reads: "From funds available to the Joint Legislative Transportation Oversight Committee, the Program Evaluation Division may hire consultants to aid it in its evaluation, including experts in appraisal and valuation." Session Laws 2012-142, s. 24.20, repealed Session Laws 2011-145, s. 28.12A, as amended by Session Laws 2011-391, s. 52. However, Session Laws 2012-142, s. 24.20 was itself repealed by Session Laws 2012-194, s. 71.5(a). Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year." Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2013-360, s. 34.14(e), provides: "The Freight Rail & Rail Crossing Safety Improvement Fund is established within the Highway Fund." Session Laws 2013-360, s. 34.14(j), provides: "Assess Certain Real Properties. - Any State-owned railroad company, as defined under G.S. 124-11, that has trackage in more than two counties shall assess the company's noncorridor real property that is among the following parcels: "[For property descriptions, see Session Laws 2013-360, s. 34.14(j).] "The assessment shall identify potential environmental issues; title, encroachment, and other legal property issues; and any other characteristic of the property that would significantly impact the value of the parcels to a prospective purchaser. Any State-owned railroad company, as defined under G.S. 124-11, that has trackage in more than two counties shall report no later than April 1, 2014, to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division. The report shall include the findings of the assessment required by this subsection, an estimate of the costs to mitigate any environmental issues to meet applicable federal or State standards, the estimated value of the parcels taking into account mitigation costs, and potential alternate State uses for the parcels." Session Laws 2013-360, s. 34.14(j2), provides: "The Department of Administration, in collaboration with the Department of Transportation and the North Carolina State Ports Authority (NCSPA), will evaluate the value of the parcels listed in subsection (j1) of this section that are located in Carteret County. The evaluation shall compare the value of the parcels for alternate transportation uses by the Department of Transportation or the NCSPA to the potential proceeds from sale of these properties to a non-State third party. The Departments of Administration and Transportation shall report the results of the evaluation, including recommended alternate uses, to the Joint Legislative Transportation Oversight Committee by April 1, 2014. The Department of Administration shall not sell or transfer the parcels described in this subsection until authorized to do so by an act of the General Assembly." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause.