GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-39
HOUSE BILL 699
AN ACT to eliminate the consultation requirement with the joint legislative commission on governmental operations for state acquisitions of real property and to substitute A requirement of prior written notice to the commission chairs of the intended real property acquisition.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 146-22 reads as rewritten:
"§ 146-22. All acquisitions to be made by Department of Administration.
Every acquisition of land on behalf of the State or any State
agency, whether by purchase, condemnation, lease, or rental, shall be made by
the Department of Administration and approved by the Governor and Council of
State; provided that if the proposed acquisition is a purchase of land with an
appraised value of at least twenty-five thousand dollars ($25,000), and the
acquisition is for other than a transportation purpose, the acquisition may
only be made after consultation with written notice to the Joint
Legislative Commission on Governmental Operations, Operations given
to the Chairs of the Commission at least 30 days prior to the acquisition, who
shall forward a copy of the notice to the members of the Commission within three
days of their receipt of the notice, and provided further, that
acquisitions on behalf of the University of North Carolina Health Care System
shall be made in accordance with G.S. 116-37(i), acquisitions on behalf of
the University of North Carolina Hospitals at Chapel Hill shall be made in
accordance with G.S. 116-37(a)(4), acquisitions on behalf of the clinical
patient care programs of the School of Medicine of the University of North
Carolina at Chapel Hill shall be made in accordance with G.S. 116-37(a)(4),
and acquisitions on behalf of the Medical Faculty Practice Plan of the East
Carolina University School of Medicine shall be made in accordance with
G.S. 116-40.6(d). In determining whether the appraised value is at least
twenty-five thousand dollars ($25,000), the value of the property in fee simple
shall be used. The State may not purchase land as a tenant-in-common without
consultation with the Joint Legislative Commission on Governmental Operations
if the appraised value of the property in fee simple is at least twenty-five
thousand dollars ($25,000)."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 5th day of May, 2005.
s/ Beverly E. Perdue
President of the Senate
s/ Richard T. Morgan
Speaker Pro Tempore of the House of Representatives
s/ Michael F. Easley
Governor
Approved 10:30 a.m. this 12th day of May, 2005