North Carolina § 146-74 - Approval of conveyances.

§ 146-74. Approval of conveyances.

Every proposed conveyance in fee, including conveyances by gift, of State lands shall be submitted to the Governor and Council of State for their approval. If the proposed conveyance is of State lands with an appraised value of at least twenty-five thousand dollars ($25,000), and it is for other than a transportation purpose, the Council of State shall consult with the Joint Legislative Commission on Governmental Operations before making a final decision on the proposed conveyance. Upon approval of the proposed conveyance in fee by the Governor and Council of State, a deed for the land being conveyed shall be executed in the manner prescribed in this Article. History (1957, c. 584, s. 7; G.S., ss. 143-147; 1959, c. 683, s. 1; 1983 (Reg. Sess., 1984), c. 1116, s. 97; 1993, c. 561, s. 32(b).) Local Modification. - Bladen: 2015-230, s. 3; 2018-71, s. 5; Gates: 2013-374; Granville: 2018-71, s. 1; Pender: 2019-137, s.1; Town of Butner: 2019-137, s. 5; Town of Wrightsville Beach: 2018-73, s. 1; Davie County Board of Commissioners: 2016-89, ss. 1-3. Editor's Note. - Session Laws 1993, c. 561, which amended this section, in s. 115 provides: "Notwithstanding the provisions of G.S. 146-74, the Division of Forest Resources, Department of Environment, Health, and Natural Resources [now the Department of Environment and Natural Resources. The Division of Forest Resources was transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services by Session Laws 2011-145, s. 13.25(a).], shall transfer in fee simple by gift the East Robeson Fire Tower and the approximately .91827 acres of land on which the tower is located approximately eight miles east of Lumberton on Highway 41 in East Howellsville Township, Robeson County, this being the property described in the deed dated March 7, 1935, and recorded in Deed Book 8-N, page 219, Robeson County Registry to the East Howellsville Volunteer Fire Department, Inc. The transfer under this section shall be evidenced by a deed executed in accordance with G.S. 146-75 and registered in accordance with G.S. 146-77." Session Laws 2012-177, s. 3, as amended by Session Laws 2014-19, s. 1, and as amended by Session Laws 2016-94, s. 10.7(b), effective July 1, 2021, provides: "The conveyance of the State's right, title, and interest in the Cleveland County Correctional Facility shall be exempt from the provisions of Article 7 of Chapter 146 of the General Statutes. The conveyance shall comply with the provisions of Article 16 of Chapter 146 of the General Statutes; provided that the provisions of G.S. 146-74 shall not apply." Session Laws 2012-177, s. 3.3, effective January 1, 2013, provides: "The conveyance of the State's right, title, and interest in the Haywood Correctional Center shall be exempt from the provisions of Article 7 of Chapter 146 of the General Statutes. The conveyance shall comply with the provisions of Article 16 of Chapter 146 of the General Statutes; provided that the provisions of G.S. 146-74 shall not apply." Session Laws 2017-113, s. 3, provides: "The facility authorized under this act shall be constructed in accordance with the provisions of general law applicable to the construction of State facilities, except as otherwise provided in this section. Notwithstanding any other provision of law, construction of the facilities authorized by this act shall be exempt from the following statutes and rules implementing those statutes: Articles 3 and 8 of Chapter 143 , Articles 1 and 4 of Chapter 113A . Notwithstanding G.S. 146-11 and Article 16 of Chapter 146 of the General Statutes, the approval of the Council of State shall not be required for the granting of easements for the facility authorized under this act. With respect to any other environmental permits required for construction of the facility, the Department of Environmental Quality is directed to expedite permitting of the project to the extent allowed by law and shall waive any application fees that would be otherwise applicable to applications for permits required for the facilities and, where possible under applicable law, issue all permits within 40 days of receipt of a complete application." Session Laws 2020-63, ss. 3-5, provide: "SECTION 3.(a) The State of North Carolina shall convey to the Cabarrus County Board of Commissioners, for consideration of one dollar ($1.00), all its rights, titles, and interests in that portion of those areas of the Stonewall Jackson Manual Training and Industrial School campus identified in accordance with Section 4 of this act. The conveyance is subject to any historic preservation covenants and any easement reserved by the State for ingress and egress to the Stonewall Jackson Manual Training and Industrial School campus owned by the State after the conveyances in accordance with this act. The property conveyed to the Cabarrus County Board of Commissioners shall be used for a public purpose. "(b) The State of North Carolina shall convey the real property identified in accordance with Section 4 of this act 'as is' and 'where is' without warranty. The State makes no representations or warranties concerning the title to the property, the boundaries of the property, the uses to which the property may be put, zoning, local ordinances, or any physical, environmental, health, and safety conditions relating to the property. "(c) The conveyance of the State's rights, titles, and interests in the real property identified in accordance with Section 4 of this act shall be exempt from the provisions of Article 7 of Chapter 146 of the General Statutes except as provided in Section 4 of this act. The conveyance shall comply with the provisions of Article 16 of Chapter 146 of the General Statutes, provided that the provisions of G.S. 146-74 shall not apply. "(d) Within the property conveyed to Cabarrus County, and for as long as the county does not sell, convey, transfer, lease, or otherwise cede control of said property, the Department of Public Safety may use any space constructed for public safety training and any natural space for emergency management training subject to the availability of those spaces. The Department of Public Safety shall schedule the use of those spaces through the local managing agencies and shall receive priority scheduling over any entities located or based outside Cabarrus County. "SECTION 4. To identify the properties to be transferred in accordance with Section 3 of this act, the following shall occur: "(1) The Department of Administration shall, within 90 days of this act becoming law and in consultation with the Department of Public Safety, the State Historic Preservation Office, and Cabarrus County, survey and identify those portions of the Stonewall Jackson Manual Training and Industrial School property that meet any of the following descriptions: "a. The Frank Liske Park. "b. The Stonewall Jackson Manual Training and Industrial School historic campus. "c. The property located at 4533 Stough Road, Concord, North Carolina, and being further identified as Parcel 2 in Report Number 2020-03, the Final Report of the Program Evaluation Division of the North Carolina General Assembly to the Joint Legislative Program Evaluation Oversight Committee dated April 13, 2020. "(2) The surveys required by subdivision (1) of this section shall focus on optimizing the historic district for preservation and rehabilitation while minimizing impact on the current operations of the Stonewall Jackson Youth Development Center. "(3) Within 90 days of the completion of the surveys required by subdivision (1) of this section, the Department of Public Safety shall relocate the perimeter fence of the Stonewall Jackson Youth Development Center and undertake to make any other changes to the operations necessary to comply with this act. "(4) The State Historic Preservation Office shall coordinate with the County of Cabarrus to develop all historic preservation covenants to be included in the deed of transfer. The State Historic Preservation Office shall provide the County of Cabarrus with information regarding the National Register of Historic Places and any requirements under that Register for preservation and rehabilitation. "(5) The Council of State shall approve all deed descriptions, covenants, and restrictions of the property to be transferred in accordance with Section 3 of this act. "SECTION 5. The Department of Administration shall, within 30 days of the effective date of this act, place on the market for sale Cabarrus County Real Property ID #11-041-0015.50 and Cabarrus County Real Property ID #11-041-0015.10, as depicted in the Cabarrus County Tax Office records. All proceeds shall be used to offset expenses incurred under Sections 3 and 4(3) of this act."