North Carolina § 146-1 - Intent of Subchapter.

§ 146-1. Intent of Subchapter.

It is the purpose and intent of this Subchapter to vest in the Department of Administration, subject to rules and regulations adopted by the Governor and approved by the Council of State as hereinafter provided, responsibility for the management, control and disposition of all vacant and unappropriated lands, swamplands, lands acquired by the State by virtue of being sold for taxes, and submerged lands, title to which is vested in the State or in any State agency, to be exercised subject to the provisions of this Subchapter. Further, it is the intent of this Subchapter to establish within the Department, a method for obtaining easements for State-owned lands covered by navigable waters that includes compensation, recognizes the common law rights of riparian or littoral property owners, and balances those rights with the State's obligation to protect public trust rights for all of its citizens. The North Carolina General Assembly finds that the State is unable to provide the necessary access for its citizens to exercise public trust rights and, therefore, recognizes the role that publicly and privately owned piers, docks, wharves, marinas, and other structures located in or over State-owned lands covered by navigable waters generally serve in furthering public trust purposes including: Providing citizens with access and ability to exercise public trust boating, fishing, and swimming activities; Enhancing the value of appurtenant upland property values with the resulting increased collection of ad valorem taxes; Enhancing tourism which is essential to the economy of the State and, in particular, to the coastal counties; and Increasing local participation in boating and fishing activities with the resulting increase in taxes paid for fuel, fishing tackle, boat equipment, and imported boats and motors which taxes contribute to the sound economy of the State, and some of which are paid into the federal Wallop-Breaux Fund for redistribution to the State for water resource enhancements and water access improvements. Nothing in this Subchapter shall apply to a privately owned lake or any hydroelectric reservoir licensed by the Federal Energy Regulatory Commission. Nothing in this Subchapter shall be construed to limit or expand the full exercise of common law riparian or littoral rights. History (1959, c. 683, s. 1; 1995, c. 529, s. 1.) Local Modification. - (As to Chapter 146 ) Orange: 2016-98, ss. 2.1, 2.2 (lease agreement to facilitate Orange County jail construction). Oregon Inlet State Park and Outer Banks Transportation Corridor. - Session Laws 2014-100, s. 14.7(a)-(h), authorizes the initiation of negotiations by the Department of Administration with the appropriate federal authority for the acquisition of certain federally owned property for the creation of Oregon Inlet State Park. If the subject real property is acquired by the State, then, together with any other real property owned by the State within the subject area, the Department of Environment and Natural Resources is authorized to add Oregon Inlet State Park to the State Parks System. The provisions of Session Laws 2014-100, s. 14.7(a)-(h), further provides for the condemnation authority necessary to manage existing and future transportation corridors on the Outer Banks, and for the identification of federally owned property necessary to construct or manage existing and future transportation corridors on the Outer Banks. Editor's Note. - Session Laws 1995, c. 529, s. 5, provides in part that nothing in the act shall require the adoption of rules to implement the provisions therein, and further provides that authorization established under the act applies only to the Department of Administration and shall not be used by any other agency to administer or regulate activities affecting the public trust. Session Laws 2012-194, s. 71.5(c), (d), provides: "(c) The Program Evaluation Division of the General Assembly shall study, in conjunction with the Department of Administration, the inventory of all State-owned lands and the issue of public ownership of lands submerged under navigable rivers in the State. "(d) The Program Evaluation Division shall submit its findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee no later than January 15, 2013." Session Laws 2014-100, s. 14.7(m), provides: "Notwithstanding the provisions of Chapter 146 of the General Statutes, Article 9A of Chapter 113A of the General Statutes, or any other provision of law, neither the Governor nor the Council of State shall be required to approve any conveyance, exchange, or condemnation made pursuant to this section. Notwithstanding any other provision of law, consultation with or reporting to the Joint Legislative Commission on Governmental Operations shall not be required prior to the conveyance, exchange, or condemnation, except as set forth in subsection (h) of this section [requiring the Department of Transportation to identify federally owned property that is necessary to construct or to manage existing and future transportation corridors on the Outer Banks]." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-241, s. 14.6(f), provides: "Port Access Lands Acquisition Agreement. - Notwithstanding Chapter 146 of the General Statutes or any other provision of law, the Department of Administration, on behalf of the State, shall seek to initiate negotiations with the appropriate agency of the federal government for an agreement to acquire the federally owned property necessary for management of deep draft navigation channels providing access to State Port facilities at Morehead City from the federal government in exchange for State-owned real property. "(1) Interagency cooperation. - The North Carolina Ports Authority and the Department of Transportation shall be included in the planning and carrying out of these negotiations, but the ultimate approval authority remains solely with the Secretary of the Department of Administration. "(2) Terms of agreement. - The Secretary of the Department of Administration shall have the authority to negotiate the terms of the acquisition agreement. The agreement (i) shall provide for the acquisition of interests in real property described in this subsection and no other; (ii) shall provide that the conveyances described in the agreement become effective as soon as practicable; and (iii) shall incorporate the relevant terms of this subsection. "(3) Execution of deeds. - Within 30 days of the acquisition becoming effective, the Attorney General shall execute any documents or deeds necessary to effectuate the acquisition under the exact terms set forth in the acquisition agreement. All State agencies and officials shall cooperate to the fullest extent possible in effectuating the acquisition agreement. "(4) Reporting. - Within 30 days after an agreement is entered into pursuant to this section, the Secretary of the Department of Administration shall report to the Joint Legislative Commission on Governmental Operations on the terms of the agreement." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. For purposes of this section, the following shall apply: Session Laws 2020-59, ss. 1-4, effective June 30, 2020, provide: "SECTION 1. For purposes of this section, the following shall apply: "(1) The term "Rail Corridor" shall mean the former Murphy Branch rail corridor consisting of the only railway located solely within the boundaries of Cherokee County and between the Town of Andrews and the Town of Murphy in Cherokee County between Milepost 101.1 and Milepost 113.7, excluding all of the following: "a. Any portion of that railway located in the Town of Murphy on land owned by the United States government or any of its agencies. "b. Any privately owned railroad or any privately owned railroad right-of-way. "(2) Where there is more than one track in the Rail Corridor, the State shall retain its property interest in the Rail Corridor for a distance of 25 feet from the center of each track. "SECTION 2. (a) Subject to applicable federal requirements, the State's interest in the right-of-way claimed by the North Carolina Department of Transportation with respect to the Rail Corridor is uniformly reduced to 25 feet on each side of the center line of the tracks traversing the Rail Corridor. Upon reduction of the right-of-way, the interest in real property previously held by the State of North Carolina is transferred to the current adjacent real property owner of record according to the land records in the Office of the Register of Deeds of Cherokee County upon that real property owner's release of all claims against the State and the Department of Transportation with respect to that right-of-way. All transfers of interest in real property by the State of North Carolina and all releases of claims against the State and the North Carolina Department of Transportation by the owners of adjacent real property must occur within two years of the effective date of this act. "(b) Within 180 days of the current adjacent property owner releasing all claims against the State and the Department of Transportation, the Department of Transportation shall, at no expense to the State or to that Department, provide to that real property owner a quitclaim deed, or, if applicable, a deed of release, to the real property so transferred. The quitclaim deed or deed of release shall be recorded in the Office of the Register of Deeds of Cherokee County. "(c) Notwithstanding the provisions of Chapters 136 and 146 of the General Statutes or any other provision of State law, transfers in accordance with this section shall not require Council of State or Board of Transportation approval. "SECTION 3. Notwithstanding Section 2 of this act, the Department of Transportation shall retain an easement for right of entry and access for maintenance and repair of the track and associated structures that is parallel to each side of the retained portion of the Rail Corridor and 15 feet in width. No buildings or structures shall be constructed or placed within this easement nor shall trees or other permanent foliage be allowed to grow within the easement. Nothing in this section shall prevent the maintenance and repair easement established by this section from also being subject to an agricultural or conservation easement under State or federal law. "SECTION 4. Nothing in this act shall apply, nor be construed to apply, to any publicly owned or privately owned rail or other transportation corridor, except the Rail Corridor. Nothing in this act shall alter or amend, nor be construed to alter or amend, the application of the federal law with respect to railroad rights-of-way; publicly owned and privately owned rail transportation corridors are and shall remain under the jurisdiction of the Surface Transportation Board, the independent federal agency charged with regulation of various modes of surface transportation. Nothing in this act shall alter or amend, nor be construed to alter or amend, that privately owned rail transportation corridor rights-of-way in this State are managed by the respective privately owned railroad." Legal Periodicals. - For article, "Estuarine Land of North Carolina: Legal Aspect of Ownership, Use and Control," see 46 N.C.L. Rev. 779 (1968). For article, "Public Rights and Coastal Zone Management," see 51 N.C.L. Rev. 1 (1972). For note, "A First Step in the Wrong Direction: Slavin v. Town of Oak Island and the Taking of Littoral Rights of Direct Beach Access," see 82 N.C.L. Rev. 1510 (2004). For article, "North Carolina Oceanfront Property and Public Waters and Beaches: The Rights of Littoral Owners in the Twenty-First Century," see 83 N.C. L. Rev. 1427 (2005).