House committee substitute to the 3rd edition makes the following changes. Deletes the provisions of the 3rd edition and provides instead as follows. Sets out whereas clauses and states legislative findings concerning the general background of the Dorothea Dix Property, the valuation of the property, related statutory requirements, chronology of events, consequences of failure to provide material details of the lease, consequences of failure to provide required time for consultation, and ultra vires actions (actions done without legal authority).
Voids the lease of the Dorothea Dix Property (Property) to Raleigh and requires the refund of any payments made under the lease while also releasing Raleigh from any obligation to the state under the lease. Directs Raleigh to terminate the lease, when the section becomes effective, and notify the Governor of the termination. Also requires the Governor to notify Raleigh that the state terminates the lease when the section becomes effective. These provisions are effective April 1, 2014.
Requires the Department of Administration (DOA) and the Department of Health and Human Services (DHHS) to jointly evaluate the recommended uses of the Property identified in the 2007 State Government Facilities Master Plan and requires DOT to evaluate whether implementation of any portion of Section 8 of that Plan would be facilitated by changing the use for adjacent state property. Requires a report to the General Assembly by March 15, 2014. Provides that if DOT determines it is in the state's best interest to dispose of a portion of the Property for use as a public park, it may do so. Allows DOA to reserve certain portions of the Property and include adjacent state property if DOA determines it is appropriate. Gives Raleigh the right of first refusal. Requires a deposition of the property to reserve to the state that portion of the Property that is necessary to house DHHS operations and requires adequate time and access to the property and records for due diligence, obtaining appraisals, and making appropriate inquiries. States the General Assembly's intent that proceeds from and disposition of the Property be held in a special fund to be appropriated for mental health purposes.
Includes a severability clause.
Unless otherwise indicated, effective when the act becomes law.
Summary date: May 22 2013 - View summary
Summary date: Mar 26 2013 - View summary
Senate Amendment #1 makes the following changes to the 2nd edition.
Deletes provision in Section 3.(a)declaring thatRaleigh is released from any obligations under the leaseand any funds paid by Raleigh to the stateunder that lease will be refunded. Instead amends Section 3.(a) to declare that if the City of Raleigh contends it is owed just compensation (was, if the City of Raleigh conteststhat just compensation has not been provided by the previous subsection (a) of Section 3), itmust file a special proceeding in the Superior Court of Wake County for a determination of just compensation within 60 days of the act becoming effective. Provides that this section does not confer standing in and of itself.
Declaresthat any special proceeding filed under this section must be heard and determined by a three-judge panel of the Superior Court of Wake County and organized as provided in new subsection (c) of Section 3. Provides that the senior resident superior court judge of Wake County is the presiding judge of the required three-judge panel. Provides additional specifications for service of the complaint, the selection of two additional judges for the panel, and filling the vacancy should the senior resident superior court judge of Wake County be unable to serve on the three-judge panel. Prohibits the entering of an order or judgment under this section except by the three-judge panel of the Superior Court of Wake County organized as specified under this section. Provides that if the judges comprising the three-judge panel cannot all agree, then the majority opinion will prevail.
Summary date: Mar 21 2013 - View summary
Senate committee substitute to the 1st edition makes the following changes. Corrects a whereas clause.
Summary date: Mar 14 2013 - View summary
Identical to H 319, filed 3/14/13.
Conveys all the interests held by the City of Raleigh (Raleigh) in the Dorothea Dix property, conveyed to Raleigh by way of lease executed December 28, 2012, to the State of North Carolina (State). The property described in the lease will be allocated to the Department of Health and Human Services.
Raleigh is released from any obligations under the lease and any funds paid by Raleigh to the State under that lease will be refunded. If Raleigh contests receiving just compensation for the taking, it can file for a special proceeding in the Superior Court of Wake County for a determination of just compensation within 60 days of the act becoming effective.
The Department of Administration will lease a portion of the property for a public park. Raleigh will have the first right of refusal as a lessee. All revenues derived from the park lease will be held in a special fund to be appropriated for mental health purposes, consistent with the purposes of the original and underlying deeds.
The Department of Administration and the Department of Health and Human Services will evaluate the recommended uses of the Dorothea Dix property, as identified in the 2007 State Government Facilities Master Plan, reporting their findings to the General Assembly no later than March 15, 2014.