North Carolina § 160A-265 - Use and disposal of property.

§ 160A-265. Use and disposal of property.

In the discretion of the council, a city may: (i) hold, use, change the use thereof to other uses, or (ii) sell or dispose of real and personal property, without regard to the method or purpose of its acquisition or to its intended or actual governmental or other prior use. History (1981 (Reg. Sess., 1982), c. 1236.) Local Modification. - (As to Article 12) Bladen: 1993 (Reg. Sess., 1994), c. 721, ss. 1, 2; (As to Article 12) Burke: 1987 (Reg. Sess., 1988), c. 1002; Burlington: 1989, c. 6; Cherokee: 1983 (Reg. Sess., 1984), c. 939; Clay: 1983, c. 353; (As to Article 12) Cleveland: 1995, c. 201, s. 1; 2013-7, s. 1; Cumberland: 1983 (Reg. Sess., 1984), c. 1079; Craven: 1985, c. 13; Dare: 1987, c. 241; Duplin: 1989, c. 411, ss. 1.1, 1.2; 1989 (Reg. Sess., 1990), c. 1006, s. 1; Edgecombe: 1981, c. 971; Gaston: 1983, c. 405; Graham and Graham County Industrial Development Authority: 1985 (Reg. Sess., 1986), c. 824; Halifax: 1987, c. 238; Harnett: 1985, c. 16; Haywood and Jackson: 1981, c. 137; Johnston: 1989, c. 597, s. 1; Jones: 1983 (Reg. Sess., 1984), c. 960; Lee: 1987 (Reg. Sess., 1988), c. 933; (As to Article 12) 2002-81, s. 1; Lenoir: 1981, c. 176; 1987 (Reg. Sess., 1988), c. 1002; 2000-48, s. 2; Macon: 1979, c. 235; 1989 (Reg. Sess., 1990), c. 998; Madison: 1981, c. 174; McDowell: 1987 (Reg. Sess., 1988), c. 909; 1989 (Reg. Sess., 1990), c. 833, s. 2; Pamlico: 1985, c. 386; 1987, c. 214; (As to Article 12) Pasquotank: 1979, c. 129; 1991, c. 61; Pender: 1989, c. 503, s. 1; 1989 (Reg. Sess., 1990), c. 847, s. 1; 1993, c. 52, s. 1; Pitt: 1983 (Reg. Sess., 1984), c. 942; Rowan: 1987, c. 157; Sampson: 1985 (Reg. Sess., 1986), c. 894; c. 943, s. 2; (As to Article 12) Sanford: 1995, c. 154, s. 1; Scotland: 1987, c. 57; Swain: 1981, c. 137; Transylvania: 1989, c. 4; (As to Article 12) 2009-154, s. 1(a)-(e) (as to construction and provision of affordable housing for certain employees); (As to Article 12) Tyrrell: 1987, c. 9; 2001-32; Washington: 1979, 2nd Sess., c. 1120; 1985, c. 134; Wayne: 1987 (Reg. Sess., 1988), c. 1006, s. 7; (As to Article 12) 1997-170, s. 1; 2004-94; city of Asheboro: 1987, c. 593; city of Asheville: 1979, c. 317; 1981, c. 631; 1985, c. 721; (As to Article 12) 2007-239, s. 2; city of Bessemer City: 1995 (Reg. Sess., 1996), c. 563, s. 1; city of Brevard: 1985, c. 79; 1987 (Reg. Sess., 1988), c. 905; 1999-8, s. 1; (As to Article 12) 1995 (Reg. Sess., 1996), c. 671, s. 1; 2009-154, s. 1(a)-(e) (as to construction and provision of affordable housing for certain employees); city of Burlington: 1985 (Reg. Sess., 1986), c. 829; 1987, c. 121; 1989 (Reg. Sess., 1990), cc. 831, 832; (As to Article 12) 1991, c. 198; 1993, c. 276, s. 1; c. 277, s. 3; 1995 (Reg. Sess., 1996) c. 610, s. 1; 1997-445, s. 2; (As to Article 12) 2001-190, s. 4; city of Charlotte: (As to Article 12) 1981, c. 55; 1983, c. 92; 2000-26, s. 1, as amended by 2007-255, s. 1; city of Clinton: 1985 (Reg. Sess., 1986), c. 943, s. 2; city of Conover: (As to Article 12) 2006-165, s. 1; city of Durham: 1987, c. 756, s. 4; city of Elizabeth City: 1979, c. 129; (As to Article 12) city of Greenville: 2014-37, s. 1(a); (As to Article 12) city of Goldsboro: 2004-94; 2010-76, s. 1; (As to Article 12) city of High Point: 2018-63, s. 1; city of Kinston: 1981, c. 176; 1987 (Reg. Sess., 1988), c. 918; c. 1002; (As to Article 12) 1993, c. 265, s. 1; 2000-48, s. 2; city of Lenoir: 1985, c. 493; (As to Article 12) city of Lincolnton: 1995, c. 57, s. 1; city of Lumberton: 1983 (Reg. Sess., 1984), c. 996; city of Morganton: 1987, c. 265, s. 2; 1987 (Reg. Sess., 1988), c. 1002; city of Mount Airy: 1985, c. 282; 1998-82; 2003-281, s. 1 (as to Article 12); city of New Bern: 1998-29; 2016-41, s. 5; city of Oxford: 1989 (Reg. Sess., 1990), c. 833, s. 1; city of Raleigh: 1997-39, s. 1; 2015-84, s. 1.5 (as to Article 12); city of Roanoke Rapids: 1997-39, s. 1; (As to Article 12) 1991, c. 197; 2003-43, s. 1; city of Salisbury: 1987, c. 205, s. 1; city of Shelby: 1999-5, s. 1; city of Statesville: 1987, c. 265, s. 2; 1989, c. 241, s. 1; (As to Article 12) city of Thomasville: 2002-53, s. 1; city of Washington: 1983 (Reg. Sess., 1984), c. 941; (As to Article 12) 1993, c. 133, s. 1; city of Whiteville: 1987 (Reg. Sess., 1988), c. 1018, s. 1; city of Wilson: 1983, c. 748; town of Ayden: 1991, c. 58; town of Black Creek: 1985, c. 286; (As to Article 12) town of Butner: 2007-269, s. 3; town of Cerro Gordo: 1995 (Reg. Sess. 1996), c. 708; town of Carrboro: 1987, c. 476, s. 1; 1989, c. 97, s. 1; (as to Article 12) town of Cary: 2015-84, s. 1; town of Chadbourn: 1989 (Reg. Sess., 1990), c. 895, s. 11.1; town of Elkin: 1997-130; 1997-131; (As to Article 12) town of Fairmont: 2001-2; (As to Article 12) town of Faison: 1998-40, s. 3; (As to Article 12) town of Farmville: 2005-29, s. 1; (As to Article 12) town of Forest City: 2010-54, s. 1; town of Garner: 1989, c. 270, s. 1; town of Greenevers: 1985, c. 34; town of Kernersville: 1987 (Reg. Sess., 1988), c. 920; 1989 (Reg. Sess., 1990), c. 983; (As to Article 12) 2001-80; (As to Article 12) 2005-433, s. 7(a), (b); (As to Article 12) town of Lake Lure: 2012-115, s. 1; (As to Article 12) town of Matthews: 2010-52, s. 1(d); (As to Article 12) town of Maxton: 1995 (Reg. Sess., 1996), c. 576, s. 1; town of Pilot Mountain: 1985, c. 291, ss. 6, 8; (as to Article 12) town of Pinebluff: 2003-48, s. 1, as amended by 2004-53, s. 1; (as to Article 12) town of Red Springs: 1995, c. 203, s. 1; (As to Article 12) town of Rosman: 2009-154, s. 1(a)-(e) (as to construction and provision of affordable housing for certain employees); town of Tabor City: 1987 (Reg. Sess., 1988), c. 919; town of Tryon: 1987, c. 56; town of Wake Forest: 1985, c. 195; (As to Article 12) town of Wallace: 1998-40, s. 1; town of Waynesville: 1997-139, s. 1; (As to Article 12) town of Weldon: 2021-102, s. 4(a); village of Pinehurst: 1989, c. 375, ss. 1, 1.1; Alamance-Burlington Board of Education: 2017-82, s. 11(a)-(c); (As to Article 12) Asheville-Buncombe Technical Community College: 2000-99, s. 1; (As to Article 12) Asheville City Board of Education: 2007-239, s. 2; (As to Article 12) Bladen County Board of Education: 2003-122, ss. 1, 2; Burlington City Board of Education: 1993 (Reg. Sess., 1994), c. 639, s. 1; (As to Article 12) Clinton City Board of Education: 2004-69; Clinton-Sampson Agri-Civic Center Commission: 1985 (Reg. Sess., 1986), c. 943, s. 2; (As to Article 12) Edgecombe County Board of Education: 2009-161, ss. 1-4 (as to construction and provision of affordable housing for certain employees); Foothills Regional Airport Authority: 2000-9, s. 7; (as to Article 12) Greater Asheville Regional Airport Authority: 2012-121, s. 1.6(a) as amended by 2021-104, s. 1; (As to Article 12) Guilford Technical Community College, Board of Trustees: 2011-153, s. 1, as amended by 2014-100, s. 10.9(a); (As to Article 12) Hertford County Board of Education: 2006-86, ss. 1-3 (as to construction, provision or maintenance of affordable rental housing on property owned or leased by Hertford County Board of Education and rent of housing units owned by the Board with priority for teachers); (As to Article 12) High Point Alcoholic Beverage Control Board: 2006-89, s. 1; (As to Article 12) Iredell-Statesville Schools: 2006, c. 45, ss. 1, 1.1; Mayland Community College: 2003-320, s. 1, as amended by 2004-203, s. 81, and as amended by 2006-5, s. 1; Moore County Board of Education: 1999-176, s. 1 (use of buses for tournament June 12, 1999-June 20, 1999); 2004-68; New Hanover County Board of Education: 1985 (Reg. Sess., 1986), c. 917; Pender County Board of Education: 1996, 2nd Ex. Sess., c. 16, s. 1; (As to Article 12) Surry Community College: 2013-67, s. 1; (As to Article 12) Transylvania County Board of Education: 2009-154, s. 1(a)-(e) (as to construction and provision of affordable housing for certain employees); (As to Article 12) Wilkes County Board of Education: 2001-58. Cross References. - As to disposition of retired service animals, see G.S. 20-187.4. Editor's Note. - Session Laws 1997-39 would have amended Session Laws 1993, c. 650, s. 2, to add the cities of Raleigh and Roanoke Rapids and the Town of Waynesville to that local modification; however, Session Laws 1993, c. 650, was repealed by Session Laws 1997-180, s. 2. Session Laws 1999-386, s. 4, effective August 4, 1999, provides that, notwithstanding the requirements of G.S. 131E-8, G.S. 131E-13, G.S. 131E-14, G.S. 153A-176, and Article 12 of Chapter 160A of the General Statutes, and any past compliance or failure to comply with those requirements, the prior conveyance by a municipality as defined in G.S. 131E-6(5), or by a hospital authority as defined in G.S. 131E-16(14), of a hospital facility that currently serves as collateral in a transaction involving North Carolina Medical Care Commission bonds issued under Part 10 of Article 3 of Chapter 143B of the General Statutes is hereby validated. Section 5 of the act provides that Section 4 shall not apply to litigation pending on or before the effective date. Session Laws 2001-29, ss. 1 and 2, as amended by Session Laws 2001-386, s. 3, provide: "Section 1. This act is for the public purposes of benefiting citizens who were adversely affected by the floods accompanying Hurricane Floyd, promoting economic and community development, and strengthening the tax base. "Section 2. A county may sell any improvements affixed to or located on real property that it has purchased through the Hazard Mitigation Grant Program related to Hurricane Floyd. These improvements may be sold and are exempt from the restrictions and limitations required to effectuate sales of real or personal property provided for in Article 12 of Chapter 160A of the General Statutes. No dwelling may be sold pursuant to this section unless the following requirements are met: "(1) The dwelling may be sold only to the verifiable owner of the dwelling at the time of Hurricane Floyd, September 15, 1999, and must initially be reoccupied by the same owner. "(2) The dwelling must have been properly repaired in compliance with the North Carolina Building Code as verified by the county Planning and Development Department by issuance of a building permit, subsequent inspections, and a certificate of occupancy. "(3) The dwelling must be sold on or before December 31, 2002."