GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 1
HOUSE BILL 1196
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Short Title: State Nat. & Hist. Pres. Addns. & Del. |
(Public) |
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Sponsors: |
Representatives England; Harrison and Lucas. |
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Referred to: |
Environment and Natural Resources, if favorable, Finance. |
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April 8, 2009
A BILL TO BE ENTITLED
an ACT to Dedicate and accept certain properties as part of the state nature and historic preserve and to remove certain lands from the state nature and historic preserve.
Whereas, Section 5 of Article XIV 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 a law enacted by a three‑fifths vote of the members of each house of the General Assembly and provides for removal of properties from the State Nature and Historic Preserve by a law enacted by a three‑fifths vote of the members of each house of the General Assembly; and
Whereas, the General Assembly enacted the State Nature and Historic Preserve Dedication Act, Chapter 443 of the 1973 Session Laws, to prescribe the conditions and procedures under which properties may be specifically dedicated for the purposes set out in Section 5 of Article XIV of the North Carolina Constitution; and
Whereas, over 12,350 acres have been added to the State Parks System since the last dedication and acceptance of properties as part of the State Nature and Historic Preserve pursuant to a petition of the Council of State dated May 1, 2007; and
Whereas, in accordance with G.S. 143‑260.8, it is anticipated that on May 5, 2009, the Council of State will vote to petition the General Assembly to enact a law pursuant to Section 5 of Article XIV of the North Carolina Constitution to dedicate and accept properties added to the State Parks System and designated in the petition for inclusion as parts of the State Nature and Historic Preserve; and
Whereas, it is anticipated that as a part of its petition of May 5, 2009, the Council of State will request the General Assembly to remove certain properties from the State Nature and Historic Preserve; and
Whereas, G.S. 113‑44.14 provides for additions to, and deletions from, the State Parks System upon authorization by the General Assembly; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. 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 1 May 2007:May 5,
2009: Baldhead Island State Natural Area, Bay Tree Lake State Park, Bear
Paw State Natural Area, Beech Creek Bog State Natural Area, Bullhead
Mountain State Natural Area, Bushy Lake State Natural Area, Carolina Beach
State Park, Carvers Creek State Park, Chimney Rock State Park, Cliffs of
the Neuse State Park, Chowan Swamp State Natural Area, Deep River State
Trail, Dismal Swamp State Park, Elk Knob State Park, Fort Fisher State
Recreation Area, Fort Macon State Park, Goose Creek State Park, Gorges State
Park, Haw River State Park, Hammocks Beach State Park, Jones Lake State Park,
Lake Norman State Park, Lea Island State Natural Area, Lower Haw River State
Natural Area, Lumber River State Park, Mayo River State Park, Medoc Mountain
State Park, Merchants Millpond State Park, Mitchells Millpond State Natural
Area, Mount Mitchell State Park, Mountain Bog State Natural Area, Occoneechee
Mountain State Natural Area, Pettigrew State Park, Pilot Mountain State Park, Pineola
Bog State Natural Area, Raven Rock State Park, Run Hill State Natural Area,
Sandy Run Savannas State Natural Area, Singletary Lake State Park, Sugar
Mountain State Natural Area, 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 1 May 2007 May 5, 2009, 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 1 May 2007 May 5, 2009, 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 1 May 2007 May 5, 2009, with the exception of
the following tracts. 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 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.
a. 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.
b. The portion of that certain tract or parcel of land at Crowders Mountain State Park in Gaston County, east of and including the right‑of‑way along and across Old Peach Orchard Road, as shown in a survey by the City of Gastonia, File No. 400‑194, dated November 23, 1998, and filed in the State Property Office.
c. The portion of that certain tract or parcel of land at Crowders Mountain State Park in Cleveland County, described in Deed Book 1286, Page No. 85, located on the north side of SR 2245 (Bethlehem Road) and containing 14,964 square feet as shown on the survey entitled "Survey for Crowders Mountain State Park, Deed Book 1103‑107, Township 4 Kings Mountain, Cleveland County, N.C." by David W. Dickson, P.A. dated February 28, 2008.
(7) All lands owned in fee simple by the State within
the boundaries of New River State Park as of 1 May 2007. May 5, 2009.
(8) All lands and waters within the boundaries of Stone
Mountain State Park as of 1 May 2007 May 5, 2009, with the
exception of the following 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. 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.
(9) All lands and waters located within the boundaries
of the following State Historic Sites as of 1 May 2007:May 5, 2009:
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),(11) Repealed by Session Laws 2001‑217, s. 2, effective June 15, 2001.
(12) All lands and waters located within the boundaries
of Hanging Rock State Park as of 1 May 2007 May 5, 2009, 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 1 May 2007 May 5, 2009, with
the exception of the following tracts. 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.
a., b. Repealed by Session Laws 2007‑307, s. 1, effective July 28, 2007.
c. 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 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.
d. Repealed by Session Laws 2007‑307, s. 1, effective July 28, 2007.
(14) Repealed by Session Laws 2003‑234, s. 1, effective June 19, 2003.
(15) All lands and waters within the boundaries of Jockey's
Ridge State Park as of 1 May 2007 May 5, 2009, 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.
(16) All lands and waters located within the boundaries
of Mount Jefferson State Natural Area as of 1 May 2007. May 5, 2009. With
respect to the communications tower site on the top of Mount Jefferson and
located on that certain tract or parcel of land at Mount Jefferson State
Natural Area in Ashe County, West Jefferson Township, described in Deed Book F‑3,
Page 94, the State may provide space at the communications tower site to State
public safety and emergency management agencies for the placement of antennas,
repeaters, and other communications devices for public communications purposes.
Notwithstanding G.S. 146‑29.2, the State may lease space at the
communications tower site to local governments in Ashe County for the placement
of antennas, repeaters, and other communications devices for public
communications purposes. State agencies and local governments that are
authorized to place communications devices at the communications tower site
pursuant to this subdivision may also locate at or near the communications
tower site communications equipment that is necessary for the proper operation
of the communications devices. The use of the communications tower site pursuant
to this subdivision is authorized by the General Assembly as a purpose other
than the public purposes specified in Article XIV, Section 5, of the North
Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and
Article 2C of Chapter 113 of the General Statutes.
(17) All lands and waters within the Eno River State Park
as of 1 May 2007 May 5, 2009, with the exception of the following
tract:tracts:
(a) The portion of that certain tract or parcel of land at Eno River State Park in Durham County, Durham Outside Township, described in Deed Book 435, Page 673, and Plat Book 87, Page 66, containing 11,000 square feet and being the portion of Lot No. 2 shown as the existing scenic easement hereby removed on the drawing prepared by Sear‑Brown entitled "Recombination Plat Eno Forest Subdivision" bearing the preparer's file name 00‑208‑07.dwg, and filed with 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 Eno River State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
b. The portion of that certain tract or parcel of land at Eno River State Park in Orange County, described in Deed Book 3878, Page 461, and Plat Book 98, Page 11, containing 5,313 square feet and required for the permanent easements for bridge replacement project B‑4216 on SR 1002 (St. Mary's Road), as shown in the drawing entitled "Preliminary Plans, Project Reference No. B‑4216" prepared for NC Department of Transportation by Mulkey Engineers and Consultants dated March 10, 2009, and filed with the State Property Office. The tracts excluded from the State Nature and Historic Preserve under this section are 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 Eno River State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
(18) All land and waters within the boundaries of Hemlock
Bluffs State Natural Area as of 1 May 2007, May 5, 2009, with the
exception of the following tracts: The portion of that certain tract or parcel
of land at Hemlock Bluffs State Natural Area in Wake County, Swift Creek
Township, described in Deed Book 2461, Page 037, containing 2,025 square feet
and being the portion of this tract shown as proposed R/W on the drawing
prepared by Titan Atlantic Group entitled "Right of Way Acquisition Map
for Town of Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive
to Palace Green" sheet 1 of 3 bearing the preparer's file name Town of
Cary Case File No. TOC 01‑37, dated 26 September 2003, and filed with the
State Property Office; and the portion of those certain tracts or parcels of
land at Hemlock Bluffs State Natural Area in Wake County, Swift Creek Township,
described in Deed Book 4670, Page 420, containing 24,092 square feet and being
the portion of these tracts shown as proposed R/W on the drawing prepared by
Titan Atlantic Group entitled "Right of Way Acquisition Map for Town of
Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive to Palace
Green" sheet 3 of 3 bearing the preparer's file name Town of Cary Case
File No. TOC 01‑37, dated 26 September 2003, and filed with the State
Property Office. The tracts excluded from the State Nature and Historic
Preserve under this subdivision are 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 Hemlock Bluffs State
Natural Area or sell this land and use the proceeds for that purpose. The State
may not otherwise sell or exchange this land.
(19) All lands and waters within the boundaries of Lake
James State Park as of 1 May 2007, May 5, 2009, with the
exception of the following tracts:
a. The portion of that certain tract or parcel of land at Lake James State Park containing 13.85 acres, and being 100 feet to the east and 150 feet to the west of a centerline shown on a survey by Witherspoon Surveying PLLC, dated February 9, 2007, and filed in the State Property Office. The State of North Carolina may grant a temporary easement to Duke Energy Corporation across this tract to facilitate the Catawba Dam Embankment Seismic Stability Improvements Project. The grant of the easement within Lake James State Park to Duke Energy Corporation under this sub‑subdivision constitutes authorization by the General Assembly that the described tract of land may be used for a purpose other than the public purposes specified in Article XIV, Section 5, of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Article 2C of Chapter 113 of the General Statutes. The State of North Carolina may use the proceeds from the easement only for the expansion or improvement of Lake James State Park or another State park. The State may not otherwise sell or exchange this land.
b. The portion of that certain tract or parcel of land at Lake James State Park in McDowell County, Nebo Township, described in Deed Book 377, Page 423, and also shown as Tract B on the plat of survey prepared by Kenneth D. Suttles, RLS, dated December 4, 1987, entitled "Lake James State Park," Sheet 1 of 2, recorded in Plat Book 4, Page 275 of the McDowell County Registry, for a 40‑foot right‑of‑way beginning at the southwest corner of Tract B and continuing along the southern boundary S 86 38' 51" E for 400 feet to the now or former John D. Walker property. The State of North Carolina may grant an easement across this tract to extinguish prescriptive easements on Tract B to improve management of the State park property. The State may not otherwise sell or exchange this land. The easement 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.
(20) All lands and waters within the boundaries of Lake
Waccamaw State Park as of May 1, 2007, May 5, 2009, with the
exception of the following tracts: The portions of that certain tract or parcel
of land at Lake Waccamaw State Park in Columbus County described in Deed Book
835, Page 590, containing 48,210 square feet and being the portion of this
tract shown as new R/W and permanent utility easement on drawing prepared by
State of North Carolina Department of Transportation entitled "Map of
Proposed Right of Way Property of State of North Carolina (Parks and
Recreation) Columbus County" for Tip B‑3830 on SR 1947 (Bella Coola
Road) done by John E. Kaukola, PLS No. 3999 and compiled 1‑18‑2008,
and filed with the State Property Office. The tracts excluded from the State Nature
and Historic Preserve under this section are 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 Lake Waccamaw State
Park or sell this land and use the proceeds for that purpose. The State may not
otherwise sell or exchange this land.
(21) All lands and waters within the boundaries of Chimney Rock State Park as of May 5, 2009, with the exception of the following tract: The portion of that certain tract or parcel of land at Chimney Rock State Park in Rutherford County being a portion of Parcel 2 as described in Deed Book 933, Page 598, containing 346 square feet and being shown as proposed right-of-way for bridge replacement project B‑4258 on U.S. 64 over the Broad River on drawing prepared by Kimley‑Horn and Associates for the North Carolina Department of Transportation and revised October 26, 2007, and filed with the State Property Office. The tracts excluded from the State Nature and Historic Preserve under this section are 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 Chimney Rock State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
(22) All State‑owned land and waters within the boundaries of the Mountains‑to‑Sea Trail as of May 5, 2009, with the exception of the following tract: The portion of that certain tract or parcel in Johnston County described in Deed Book 3634, Page 278, containing 4.72 acres and being described as proposed easement area for Piedmont Natural Gas Company transmission line on drawing entitled "Easement Survey Prepared for Piedmont Natural Gas Company, Line 142, Easement to be Acquired from the State of North Carolina" by McKim & Creed and dated July 31, 2008, and revised March 11, 2009. The State of North Carolina may grant an easement to Piedmont Natural Gas Company across this tract to facilitate the transmission of natural gas. The grant of the easement within the Mountains‑to‑Sea Trail to Piedmont Natural Gas Company under this section constitutes authorization by the General Assembly that the described tract of land may be used for a purpose other than the public purposes specified in Section 5 of Article XIV of the North Carolina Constitution, Article 25B of the Chapter 143 of the General Statutes, and Article 2C of Chapter 113 of the General Statutes. The State of North Carolina may use the proceeds from the easement only for the expansion or improvement of the Mountains‑to‑Sea Trail or another State park. The State may not otherwise sell or exchange this land."
SECTION 2. This act becomes effective on July 1, 2009, only if the Council of State acts in the manner set out in the fourth and fifth whereas clauses that precede this act.