Bill Summaries: H551 (2015-2016 Session)

  • Summary date: Apr 6 2015 - View summary

    Enacts a new Article 2F, Identification and Sale of Unused Property, in GS Chapter 136. Includes definitions for terms as they apply in this Article.

    Directs the Department of Transportation (DOT) to continuously identify unused real property and classify the property as either (1) Class A--property with suitable size and road access to allow commercial or residential development of one or more stand-alone projects without the acquisition of additional real property and the property's size and shape allows for compliance with applicable or proposed zoning and development requirements, (2) Class B--property that doesn't meet the qualifications of Class A but enhances the value of the adjacent land when joined with that land, or (3) Class C--property that doesn't meet the definition of Class A or Class B.

    Directs the DOT to attempt to promptly sell all unused property under the provisions of new Article 2F. Provides sales strategies and bid guidelines based on each class of property. Provides for the auction of unsold unused property remaining unsold after one year.

    Directs the DOT to examine real property that is unused at the completion of a project and determine if it may be sold or determine the reasons that the property cannot be sold. Requires the DOT to document the reason that a property cannot be sold and review the determination at least every 10 years. Also requires that the DOT review at least every 5 years a determination that a property cannot be sold because it is unknown as to whether the property is needed for future transportation purposes.

    Provides that if the Governor and Council of state disapprove property sales with an appraised value of at least $25,000 within 30 days of being notified about the proposed sale, then sale will not be completed. Requires the DOT to notify the Governor and Council of State of the proposed sale of any land under this Article with an appraised value of at least $25,000. However, approval of a sale under this Article from the Governor and Council of State is not required.

    Directs the DOT to conduct the same review of projects completed before the effective date for this act that is required by proposed Article 2F. Requires the DOT to report to the Joint Legislative Commission on Governmental Operations on the classification and sale of properties under proposed Article 2F of GS Chapter 136 no later than January 1, 2016. Provides guidelines as to what the report should minimally contain.

    Makes conforming changes to GS 136-19.  Directs the DOT to treat the Rodney Orr Bypass surplus right-of-way property as unused property and sell it in accordance with the provisions of Article 2F, GS Chapter 136, as enacted by Section 1 of this act.

    Effective October 1, 2015.