Amends GS 136-19.7, which classifies residue property of the Department of Transportation (DOT) and establishes procedures for its disposal. Modifies the requirements for the disposition of Class A property, which includes property of sufficient size and access to allow commercial or residential development, at public sale. Current law requires advertising by at least two of the three described methods, including newspaper publication, placement on DOT's website, and placement of a sign on the property. Adds a fourth method of advertisement: notice by personal delivery or registered or certified mail, return receipt requested, to adjoining landowners and to any person who has expressed in writing to DOT an interest in purchase of the property. Additionally now requires advertisement of the sale by all four methods described.
Enacts new subsection (f1) to GS 136-19.7, allowing the owner of property adjacent to Class A residue property to purchase from DOT through negotiated sale a portion of the residue property burdened by the encroachment of a structure or improvement of the adjacent property owner, either in fee simple or as a permanent easement. Requires the sale be at fair market value and the final decision as to interest conveyed be at DOT's discretion. Requires the property owner to notify DOT prior to the disposal and agree to pay any survey and recording costs. Also requires DOT to notify an adjacent property owner once DOT becomes aware that a structure or improvement encroaches onto Class A residue property.
REVISE DOT RESIDUE PROPERTY DISPOSAL.
|View NCGA Bill Details||2023-2024 Session|
AN ACT TO REVISE THE PROCEDURES FOR DISPOSAL OF DEPARTMENT OF TRANSPORTATION RESIDUE PROPERTY AND FOR ENCROACHMENTS.Intro. by Mayfield, Sawyer.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Mar 30 2023)
Wed, 29 Mar 2023 Senate: Filed
Thu, 30 Mar 2023 Senate: Passed 1st Reading
Thu, 30 Mar 2023 Senate: Ref To Com On Rules and Operations of the Senate
Bill S 427 (2023-2024)Summary date: Mar 30 2023 - View Summary
Bill S 427 (2023-2024)Summary date: Mar 29 2023 - View Summary
To be summarized.