AN ACT TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO INCLUDE SURVEYING INFORMATION IN ANY PLANS PREPARED FOR THE PURPOSE OF ACQUIRING CERTAIN PROPERTY RIGHTS, TO MAKE CHANGES TO THE DEPARTMENT OF TRANSPORTATION RESIDUE PROPERTY DISPOSAL PROCEDURE, AND TO MODIFY THE FINANCIAL RESPONSIBILITY LIMITS FOR TAXICABS. Enacted July 20, 2017. Effective October 1, 2017.
Summary date: Jul 25 2017 - View summary
Summary date: Jun 29 2017 - View summary
Conference report concurs in amendment #1 to the 2nd edition.
Amends amendment #1 to amend GS 20-280 to clarify the definition ofproof of financial responsibilitysuch that the required limit on insurance for damage to or destruction of property for an individual taxicab is $50,000.
Senate committee substitute makes the following changes to the 1st edition:
Amends the long title.
Enacts new GS 136-19.6 (Residue property disposal; Department authority; definitions; classification and valuation; disposition method; proceeds; approvals required). Declares state policy that the Department of Transportation (DOT) dispose of its residue real property as expeditiously as possible for the benefit of citizens and taxpayers. Authorizes DOT to manage, control, and dispose of real property acquired in fee simple that DOT determines to be residue property. Defines 10 terms as they are used in the statute. Directs DOT to adopt criteria to guide itself in classifying residue property according to its highest potential benefit to DOT or potential purchasers. Once classified, residue property that has not been disposed of within five years shall be reviewed and reclassified if appropriate. Provides three classes (A, B, and C) for residue property, as defined by potential for development or value to adjacent property, and a fourth (D) for property that has yet to be classified or may be needed by DOT for future use. Directs DOT to create and maintain a single comprehensive and up-to-date inventory of residue property owned in fee simple by the department. Directs DOT to utilize best efforts to dispose of Class A, B, and C residue property, with specific means of disposition authorized for each class of property. Provides that no service charge into the State Land Fund shall be deducted from or levied against the proceeds of any disposition of residue property under this statute. Net proceeds from disposition of residue property under this statute, minus any apportionment required by federal law or regulation, shall be deposited in the State Highway Fund. Conveyances of residue property require DOT and Board of Transportation approval. Conveyance of residue property with a residue property value of $10,000 or more additionally requires approval of the Governor and Council of State. Directs DOT to record all conveyances of residue property under this statute in accordance with GS 47-27 and other applicable state law. Authorizes DOT to adopt, amend, or repeal rules necessary to carry out the duties of this statute. Does not preclude reconveyance of condemned property to its former owner. Directs DOT to report to the Joint Legislative Transportation Oversight committee on the classification and sale of residue properties under this statute, as specified, by March 1 of each year, beginning in 2019.
Directs DOT to establish a pilot program for disposing of residue property, as under new GS 136-19.6. Provides specifications for the pilot program, including directions for a request for proposals to select three real estate brokers and three real estate auctioneers to dispose of residue property under the program. Directs DOT to review the progress of residue property disposition under each contract awarded through the pilot program. The pilot program terminates on January 1, 2019. Directs DOT to report to the Joint Legislative Transportation Oversight Committee on the classification and sale of residue properties under the pilot program, as specified, by March 1, 2018, and again by March 1, 2019.
Makes the act effective October 1, 2017 (was, July 1, 2017).
Senate amendment makes the following changes to the 2nd edition.
Amends the long title.
Amends GS 20-280 (Filing proof of financial responsibility with governing board of municipality or county). Amends the definition ofproof of financial responsibility to raise the required limit on an insurance policy for each vehicle required to be insured under that statute from $30,000 to $100,000 for bodily injury or death to one person, from $60,000 to $300,000 for death or bodily injury to two or more people, and from $25,000 to $50,000 for injury to or destruction of property (however, the amendment retains the figures concerning the current $25,000 limit). Deletes the provisions deeming every person, firm, or corporation who engages in the taxicab business who is a member of a trust fund or sinking fund, as specified, to be in compliance with the financial responsibility provisions of this section, and the exception to that provision.
Summary date: Mar 28 2017 - View summary
Enacts GS 136-19.4A, directing the Department of Transportation (DOT) to include in any plan prepared for the purpose of acquiring property rights for a right-of-way, a permanent easement, or both, which depict property lines, right-of-way lines, or permanent easements, a set of drawings that clearly identify (1) design alignments, (2) baseline control points, (3) found property-related corner markers, and (4) new right-of-way and permanent easement corner markers.
Requires plans subject to the requirements of this statute to document the localized coordinates for each major control point along the design alignments. Requires the coordinates and associated localization metadata to be based upon and tied to the NC State Plane Coordinate system, and to be clearly identified within the plans. Requires all property and corner markers found and surveyed to be clearly identified within the plans in accordance with general surveying standards and procedures. Further requires each property corner marker to be accurately tied to the design alignment or the NC State Plane Coordinate system by either a system of bearings and distances or by station and offset.
Effective July 1, 2017, and applies to plans prepared for acquisitions on or after that date.