North Carolina § 116B-70 - Destruction or disposition of property having no substantial commercial value; immunity from liability; property of historical significance.

§ 116B-70. Destruction or disposition of property having no substantial commercial value; immunity from liability; property of historical significance.

If the Treasurer determines after investigation that property delivered under this Chapter has no substantial commercial value, the Treasurer may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the State or any officer, employee, or agent of the State, both past and present, in the person's individual and official capacity, or against the holder for or on account of an act of the Treasurer under this subsection, except for intentional misconduct. Notwithstanding the provisions of G.S. 116B-65, the Treasurer may retain any tangible property delivered to the Treasurer, if the property has recognized historic significance. The historic significance shall be certified by the Treasurer, with the advice of the Secretary of Natural and Cultural Resources; and a statement of the appraised value of the property shall be filed with the certification. Historic property retained under this subsection may be stored and displayed at any suitable location. History (1979, 2nd Sess., c. 1311, s. 1; 1999-460, s. 6; 2015-68, s. 2; 2015-241, s. 14.30(t); 2017-134, s. 1(a).) Editor's Note. - Session Laws 2017-134, s. 1(a), effective retroactively to October 1, 2015, repealed Session Laws 2015-68, s. 2, which had rewritten the section heading and had repealed subsection (a) of this section, effective October 1, 2015. The section heading and subsection (a) appear in the section above as they appeared prior to the amendment of this section by Session Laws 2015-68. Effect of Amendments. - Session Laws 2015-68, s. 2, effective October 1, 2015, substituted "Property of historical significance" for "Destruction or disposition of property having no substantial commercial value; immunity from liability; property of historical significance" in the section heading; deleted former subsection (a) which read: "(a) If the Treasurer determines after investigation that property delivered under this Chapter has no substantial commercial value, the Treasurer may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the State or any officer, employee, or agent of the State, both past and present, in the person's individual and official capacity, or against the holder for or on account of an act of the Treasurer under this subsection, except for intentional misconduct." Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the second sentence of subsection (b).