North Carolina § 160A-266 - Methods of sale; limitation.

§ 160A-266. Methods of sale; limitation.

Subject to the limitations prescribed in subsection (b) of this section, and according to the procedures prescribed in this Article, a city may dispose of real or personal property belonging to the city by: Private negotiation and sale; Advertisement for sealed bids; Negotiated offer, advertisement, and upset bid; Public auction; or Exchange. Private negotiation and sale may be used only with respect to personal property valued at less than thirty thousand dollars ($30,000) for any one item or group of similar items. Real property, of any value, and personal property valued at thirty thousand dollars ($30,000) or more for any one item or group of similar items may be exchanged as permitted by G.S. 160A-271, or may be sold by any method permitted in this Article other than private negotiation and sale, except as permitted in G.S. 160A-277 and G.S. 160A-279. A city council may adopt regulations prescribing procedures for disposing of personal property valued at less than thirty thousand dollars ($30,000) for any one item or group of items in substitution for the requirements of this Article. The regulations shall be designed to secure for the city fair market value for all property disposed of and to accomplish the disposal efficiently and economically. The regulations may, but need not, require published notice, and may provide for either public or private exchanges and sales. The council may authorize one or more city officials to declare surplus any personal property valued at less than thirty thousand dollars ($30,000) for any one item or group of items, to set its fair market value, and to convey title to the property for the city in accord with the regulations. A city official authorized under this section to dispose of property shall keep a record of all property sold under this section and that record shall generally describe the property sold or exchanged, to whom it was sold, or with whom exchanged, and the amount of money or other consideration received for each sale or exchange. A city may discard any personal property that: (i) is determined to have no value; (ii) remains unsold or unclaimed after the city has exhausted efforts to sell the property using any applicable procedure under this Article; or (iii) poses a potential threat to the public health or safety. Provided, however, a city may dispose of real property of any value and personal property valued at thirty thousand dollars ($30,000) or more for any one item or group of similar items by private negotiation and sale where (i) said real or personal property is significant for its architectural, archaeological, artistic, cultural or historical associations, or significant for its relationship to other property significant for architectural, archaeological, artistic, cultural or historical associations, or significant for its natural, scenic or open condition; and (ii) said real or personal property is to be sold to a nonprofit corporation or trust whose purposes include the preservation or conservation of real or personal properties of architectural, archaeological, artistic, cultural, historical, natural or scenic significance; and (iii) where a preservation agreement or conservation agreement as defined in G.S. 121-35 is placed in the deed conveying said property from the city to the nonprofit corporation or trust. Said nonprofit corporation or trust shall only dispose of or use said real or personal property subject to covenants or other legally binding restrictions which will promote the preservation or conservation of the property, and, where appropriate, secure rights of public access. History (1971, c. 698, s. 1; 1973, c. 426, s. 42.1; 1983, c. 130, s. 1; c. 456; 1987, c. 692, s. 2; 1987 (Reg. Sess., 1988), c. 1108, s. 9; 1997-174, s. 6; 2001-328, s. 4; 2005-227, s. 3.) Local Modification. - Durham: 1993 (Reg. Sess., 1994), c. 627, s. 2; Gaston: 2000-96; Macon: 1989 (Reg. Sess., 1990), c. 998; Mecklenburg: 2000-65, as amended by 2001-102, as reenacted by 2003-49, s. 1, as amended by 2005-158 and as amended by 2007-33, s. 1; Onslow: 2013-37, s. 1(d); city of Durham: 1993 (Reg. Sess., 1994), c. 627, s. 1;; town of Ocean Isle Beach: 2013-269, s. 2(a) (as to subsection (a), applicable only to land used for construction and exchange of Alcoholic Beverage Control building, and expiring July 1, 2018); town of Rutherfordton: 1979, c. 350; town of Saluda: 1985 (Reg. Sess., 1986), c. 984; Durham County School Administrative Unit: 1993 (Reg. Sess., 1994), c. 627, s. 2. Editor's Note. - Session Laws 1997-174, s. 8, provides: "This act raises the threshold amount in G.S. 143-129 and G.S. 160A-266. If any local act provides a threshold amount for the subjects addressed in these statutes that is less than the amount provided in this act, this act prevails to the extent of that conflict." Session Laws 2005-227, s. 5, provides: "This act raises the threshold amount [$30,000] in G.S. 143-131 and G.S. 160A-266. If any local act provides a threshold amount for the subjects addressed in these statutes that is less than the amount provided in this act, this act prevails to the extent of that conflict." Effect of Amendments. - Session Laws 2005-227, s. 3, effective July 27, 2005, twice substituted "thirty thousand dollars ($30,000)" for "five thousand dollars ($5,000)" in subsection (c).