GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-217
AN ACT TO CODIFY THE JOINT RESOLUTION ACCEPTING PROPERTIES AS PART OF THE STATE NATURE AND HISTORIC PRESERVE, TO REMOVE CERTAIN LANDS FROM THE STATE NATURE AND HISTORIC PRESERVE, TO CODIFY THESE REMOVALS, TO DELETE CERTAIN LANDS FROM THE STATE PARKS SYSTEM, AND TO PROVIDE THAT A TECHNICAL AMENDMENT TO THE STATE CONSTITUTION RELATING TO ACCEPTANCE AND DEDICATION OF PROPERTY INTO THE STATE NATURE AND HISTORIC PRESERVE SHALL BE SUBMITTED TO A VOTE OF THE PEOPLE AT THE NEXT STATEWIDE PRIMARY ELECTION.
Whereas, Article XIV, Section 5 of the North Carolina Constitution authorizes the dedication of State and local government properties as part of the State Nature and Historic Preserve upon acceptance by resolution adopted by a vote of three-fifths of the members of each house of the General Assembly and removal of properties from the State Nature and Historic Preserve by law adopted by three-fifths of the members of each house of the General Assembly; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. The following tracts of land are removed from the State Nature and Historic Preserve pursuant to Article XIV, Section 5 of the North Carolina Constitution:
(a) The portion of that certain tract or parcel of land at Bushy Lake State Natural Area in Cumberland County, Beaver Dam Township, described in Deed Book 3588, Page 583, and shown as the 0.58 acre parcel within tract 2 on the survey prepared by Lewis G. Paschal, Professional Land Surveyor, entitled "Recombination Survey for State of North Carolina" dated April 1989 and December 2000, and filed in the State Property Office.
(b) The portion of those certain tracts or parcels of land at Jockey’s Ridge State Park in Dare County, Nags Head Township, described in Deed Book 227, Page 499, and Deed Book 227, Page 501, and containing 33,901 square feet as shown on the survey prepared by Styons Surveying Services entitled "Raw Water Well Site 13 Jockey’s Ridge State Park" dated March 7, 2001, and filed in the State Property Office.
(c) The portion of that certain tract or parcel of land at Jockey's Ridge State Park in Dare County, Nags Head Township, described in Deed Book 222, Page 726, and containing 42,909 square feet as shown on the survey prepared by Styons Surveying Services entitled "Raw Water Well Site 14 Jockey’s Ridge State Park" dated March 7, 2001, and filed in the State Property Office.
(d) The portion of that certain tract or parcel of land at Jockey’s Ridge State Park in Dare County, Nags Head Township, described in Deed Book 224, Page 790, and Deed Book 224, Page 794, and containing 34,471 square feet as shown on the survey prepared by Styons Surveying Services entitled "Raw Water Well Site 15 Jockey’s Ridge State Park" dated March 7, 2001, and filed in the State Property Office.
SECTION 2. G.S. 143-260.10 reads as rewritten:
"§ 143-260.10. Components of State Nature and Historic Preserve.
The following are components of the State Nature and Historic Preserve accepted by the North Carolina General Assembly pursuant to G.S. 143-260.8:
(1) All lands and waters within
the boundaries of the following units of the State Parks System as of April
6, 1999: April 3, 2001: Baldhead Island State Natural Area, Bay Tree
Lake State Park, Boones Boone's Cave State Park, Natural
Area, Bullhead Mountain State Natural Area, Bushy Lake State Natural
Area, Carolina Beach State Park, Cliffs of the Neuse State Park, Chowan
Swamp State Natural Area, Dismal Swamp State Natural Area, Duke Power State
Park, Eno River State Park, Fort Fisher State Recreation Area, Fort
Macon State Park, Goose Creek State Park, Gorges State Park, Hammocks
Beach State Park, Hemlock Bluffs State Natural Area, Jockey's Ridge State
Park, Jones Lake State Park, Lake James State Park, Lake Norman State
Park, Lake Waccamaw State Park, Lumber River State Park, Medoc Mountain
State Park, Merchants Millpond State Park, Mitchells Millpond State Natural
Area, Mount Jefferson State Natural Area, Mount Mitchell State Park,
Occoneechee Mountain State Natural Area, Pettigrew State Park, Pilot Mountain
State Park, Raven Rock State Park, Run Hill State Natural Area, Singletary Lake
State Park, Theodore Roosevelt State Natural Area, and Weymouth Woods-Sandhills
Nature Preserve.
(2) All lands and waters
within the boundaries of William B. Umstead State Park as of April 6, 1999, April
3, 2001, with the exception of Tract Number 65, containing 22.93140 acres
as shown on a survey prepared by John S. Lawrence (RLS) and Bennie R. Smith
(RLS), entitled "Property of The State of North Carolina William B.
Umstead State Park", dated January 14, 1977 and filed in the State
Property Office, which was removed from the State Nature and Historic Preserve
by Chapter 450, Section 1 of the 1985 Session Laws. The tract excluded from
the State Nature and Historic Preserve under this subdivision is deleted from
the State Parks System in accordance with G.S. 113-44.14. The State of
North Carolina may only exchange this land for other land for the expansion of
William B. Umstead State Park or sell and use the proceeds for that purpose.
The State of North Carolina may not otherwise sell or exchange this land.
(3) Repealed by Session Laws 1999-268, s. 2.
(4) All lands within the
boundaries of Morrow Mountain State Park as of April 6, 1999, April
3, 2001, with the exception of the following tract: That certain tract or
parcel of land at Morrow Mountain State Park in Stanly County, North Albemarle
Township, containing 0.303 acres, more or less, as surveyed and platted by
Thomas W. Harris R.L.S., on a map dated August 27, 1988, and filed in the State
Property Office, reference to which is hereby made for a more complete
description.
(5) Repealed by Session Laws 1999-268, s. 2.
(6) All land within the
boundaries of Crowders Mountain State Park as of April 6, 1999, April
3, 2001, with the exception of the following tract: The portion of that
certain tract or parcel of land at Crowders Mountain State Park in Gaston
County, Crowders Mountain Township, described in Deed Book 1939, page 800, and
containing 757.28 square feet and as shown in a survey by Tanner and
McConnaughey, P.A. dated July 22, 1988 and filed in the State Property Office. The
tract excluded from the State Nature and Historic Preserve under this
subdivision is deleted from the State Parks System in accordance with G.S. 113-44.14.
The State of North Carolina may only exchange this land for other land for the
expansion of Crowders Mountain State Park or sell this land and use the
proceeds for that purpose. The State may not otherwise sell or exchange this
land.
(7) All lands owned in fee
simple by the State at the New River Scenic River as of April 6, 1999, with
the exception of the following tract: That certain tract or parcel of land at
the New River Scenic River in Alleghany County, Piney Creek Township, described
in Deed Book 112, page 610, containing 16.54 acres, and consisting of lots #12
through #19 on the survey by Dudley and Zeh, R.L.S. dated September 21, 1979,
recorded in Plat Book 4, Page 94, and filed in the State Property Office.within
the boundaries of New River State Park as of April 3, 2001.
(8) All lands and waters
within the boundaries of Stone Mountain State Park as of April 6, 1999, April
3, 2001, with the exception of the following tract: tracts:
The portion of that certain tract or parcel of land at Stone Mountain State
Park in Wilkes County, Traphill Township, described as parcel 33-02 in Deed
Book 633-193, and more particularly described as all of the land in this parcel
lying to the west of the eastern edge of the Air Bellows Road, as shown on the
National Park Service Land Status Map 33 dated March 24, 1981 and filed in the
State Property Office, containing approximately 72 acres. acres; and
the portion of that certain tract or parcel of land at Stone Mountain State
Park in Alleghany County, Cherry Lane Township, described in Deed Book 219,
Page 543, and more particularly described as all of the land in this parcel
lying north of the new division line on the survey by Andrews and Hobson
Surveyors dated August 15, 2000, and entitled 'Property Exchange Agreement for
State of North Carolina & the United States of America', and filed in the
State Property Office. The tract tracts excluded from the
State Nature and Historic Preserve under this subdivision is are
deleted from the State Parks System in accordance with G.S. 113-44.14.
(9) All lands and waters
located within the boundaries of the following State Historic Sites as of January
1, 1999: April 3, 2001: Alamance Battleground, Charles B. Aycock
Birthplace, Historic Bath, Bennett Place, Bentonville Battleground, Brunswick
Town/Fort Anderson, C.S.S. Neuse and Governor Caswell Memorial, Charlotte
Hawkins Brown Memorial, Duke Homestead, Historic Edenton, Fort Dobbs, Fort
Fisher, Historic Halifax, Horne Creek Living Historical Farm, House in the
Horseshoe, North Carolina Transportation Museum, James K. Polk Memorial, Reed
Gold Mine, Somerset Place, Stagville, State Capitol, Town Creek Indian Mound,
Tryon Palace Historic Sites & Gardens, Zebulon B. Vance Birthplace, and
Thomas Wolfe Memorial.
(10) All lands and waters
within the boundaries of Gorges State Park as shown on the map entitled
"Boundaries of Gorges State Park" prepared by the Division of Parks
and Recreation, dated May 27, 1999, and filed in the State Property Office,
which lands and waters are a portion of the lands and waters acquired by the
State of North Carolina on April 29, 1999, the purchase of which was approved
by the Council of State at its meeting on March 2, 1999.
(11) All lands and waters
located within the boundaries of Eno River State Park as of April 6, 1999, with
the exception of the following tracts: The portion of that tract or parcel of
land at Eno River State Park in Durham County, Lebanon Township, described in
Deed Book 1626, Page 854, required for the right-of-way and easements for the
expansion of Guess Road and more particularly described in a Department of
Transportation drawing entitled "Sketch Showing a Portion of the Property
of State of North Carolina, North Carolina Parks and Recreation, Durham County",
for TIP U-2102, Project 8.1351302, parcel 155, dated June 8, 1999 and filed in
the State Property Office; and the portion of that tract or parcel of land at
Eno River State Park in Durham County, Lebanon Township, described in Deed Book
1945, Page 773, required for the right-of-way and easements for the expansion
of Guess Road and more particularly described in a Department of Transportation
drawing entitled "Sketch Showing Proposed Right of Way, Property of State
of North Carolina (Formerly Association for the Preservation of the Eno),
Durham County" for TIP U-2102, Project 8.1351302, parcels 159 and 163,
dated June 1, 1999 and filed in the State Property Office. These two tracts
excluded from the State Nature and Historic Preserve under this subdivision are
deleted from the State Parks System in accordance with G.S. 113-44.14.
(12) All lands and waters located
within the boundaries of Hanging Rock State Park as of April 6, 1999, April
3, 2001, with the exception of the following tract: The portion of that
tract or property at Hanging Rock State Park in Stokes County, Danbury
Township, described in Deed Book 360, Page 160, for a 30-foot wide right-of-way
beginning approximately 183 feet south of SR 1001 and extending in a southerly
direction approximately 1,479 feet to the southwest corner of the Bobby Joe
Lankford tract and more particularly shown on a survey entitled, 'J. Spot
Taylor Heirs Survey, Danbury Township, Stokes County, N.C.', by Grinski
Surveying Company, dated June 1985, and filed in the State Property Office. The
tract excluded from the State Nature and Historic Preserve under this
subdivision is deleted from the State Parks System in accordance with G.S. 113-44.14.
(13) All lands and waters located
within the boundaries of South Mountains State Park as of April 6, 1999, April
3, 2001, with the exception of the following tracts: The portion of that
tract or property at South Mountains State Park in Burke County, Lower Creek
Township, described in Deed Book 862, Page 1471, required for the right-of-way
and easements for the relocation of SR 1904 within the park and lying generally
between the Rutherford Electric Membership Corporation right-of-way and the
southern property boundary of the park, as described in the drawing entitled
'Survey for State of North Carolina', dated January 28, 1999, prepared by
Suttles Surveying, P.A., bearing the preparer's file name 12455.dwg and filed
in the State Property Office; and the portions of land at South Mountains State
Park that lie south of the centerline of the CCC road as shown on the drawing
entitled 'Land Trade between South Mountains State Park and Adjacent Game Lands
along CCC Road' prepared by the Division of Parks and Recreation, dated March
15, 1999, and filed in the State Property Office and that lie within: (i) the
tract or property in Burke County, Lower Fork Township, described in Deed Book
495, Page 501; (ii) the tract or property in Burke County, Lower Fork and Upper
Fork Townships, described in Deed Book 715, Page 719; or, (iii) within the
tracts or property in Burke County, Upper Fork Township, described in Deed Book
860, Page 341, and Deed Book 884, Page 1640. The tracts excluded from the State
Nature and Historic Preserve under this subdivision are deleted from the State Parks
System in accordance with G.S. 113-44.14. The State of North Carolina may only
exchange this land for other land for the expansion of South Mountains State
Park or sell this land and use the proceeds for that purpose. The State may not
otherwise sell or exchange this land.
(14) All lands and waters within the boundaries of Bushy Lake State Natural Area as of April 3, 2001, with the exception of the following tract: The portion of that certain tract or parcel of land at Bushy Lake State Natural Area in Cumberland County, Beaver Dam Township, described in Deed Book 3588, Page 583, and shown as the 0.58 acre parcel within tract 2 on the survey prepared by Lewis G. Paschal, Professional Land Surveyor, entitled 'Recombination Survey for State of North Carolina' dated April 1989 and December 2000, and filed in the State Property Office. The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System pursuant to G.S. 113-44.14. The State of North Carolina may only exchange this land for other land for the expansion of Bushy Lake State Natural Area or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
(15) All lands and waters within the boundaries of Jockey’s Ridge State Park as of April 3, 2001, with the exception of the following tracts: The portion of those certain tracts or parcels of land at Jockey’s Ridge State Park in Dare County, Nags Head Township, described in Deed Book 227, Page 499, and Deed Book 227, Page 501, and containing 33,901 square feet as shown on the survey prepared by Styons Surveying Services entitled 'Raw Water Well Site 13 Jockey’s Ridge State Park' dated March 7, 2001, and filed in the State Property Office; the portion of that certain tract or parcel of land at Jockey's Ridge State Park in Dare County, Nags Head Township, described in Deed Book 222, Page 726, and containing 42,909 square feet as shown on the survey prepared by Styons Surveying Services entitled 'Raw Water Well Site 14 Jockey’s Ridge State Park' dated March 7, 2001, and filed in the State Property Office; and the portion of that certain tract or parcel of land at Jockey’s Ridge State Park in Dare County, Nags Head Township, described in Deed Book 224, Page 790, and Deed Book 224, Page 794, and containing 34,471 square feet as shown on the survey prepared by Styons Surveying Services entitled 'Raw Water Well Site 15 Jockey’s Ridge State Park' dated March 7, 2001, and filed in the State Property Office."
SECTION 3. Section 4 of S.L. 1999-268 reads as rewritten:
"Section 4. The amendment set out in Section 3 of
this act shall be submitted to the qualified voters of the State at the next election
at which another amendment to the Constitution is submitted to the voters, statewide
primary election, which election shall be conducted under the laws then
governing elections in the State. Ballots, voting systems, or both may be used
in accordance with Chapter 163 of the General Statutes. The question to
be used in the voting systems and ballots shall be:
'[ ] FOR [ ] AGAINST
Constitutional amendment making a technical correction to allow dedication and acceptance of property into the State Nature and Historic Preserve by the General Assembly by enactment of a bill rather than a joint resolution.' "
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 7th day of June, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker Pro Tempore of the House of Representatives
s/ Michael F. Easley
Governor
Approved 4:31 p.m. this 15th day of June, 2001