AN ACT TO CREATE THE GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY, TO REMOVE THE ASHEVILLE REGIONAL AIRPORT AND THE WESTERN NORTH CAROLINA AGRICULTURAL CENTER FROM THE ZONING JURISDICTION OF THE CITY OF ASHEVILLE, TO REQUIRE THE CITY OF ASHEVILLE TO CONVEY TO THE STATE OF NORTH CAROLINA ANY OF ITS RIGHT, TITLE, AND INTEREST TO THE WESTERN NORTH CAROLINA AGRICULTURAL CENTER, AND TO REMOVE THE WESTERN NORTH CAROLINA AGRICULTURAL CENTER FROM THE CORPORATE LIMITS OF THE CITY OF ASHEVILLE. Summarized in Daily Bulletin 3/30/11, 4/21/11, 6/2/11, 6/3/11, 6/6/11, and 6/7/12. Enacted June 28, 2012. Effective June 28, 2012.
Summary date: Jul 2 2012 - View Summary
Summary date: Jun 7 2012 - View Summary
Senate committee substitute makes the following changes to 4th edition. Provides that all property that is (1) within Buncombe County, (2) owned by the City of Asheville (Asheville), and (3) a part of the Asheville Regional Airport is not subject to regulation by Asheville under Article 19 of GS Chapter 160A, but is instead subject to ordinances of Buncombe County under Article 18 (Planning and Regional Development) of GS Chapter 153A. Also applies to any property in Buncombe County that may be subsequently acquired to be a part of the Asheville Regional Airport either by Asheville or by the Greater Asheville Regional Authority.
Directs Asheville to convey to the state of North Carolina by warranty or quitclaim deed all of its right, title, and interest to the City of Asheville Parcel (a part of the Western North Carolina Agricultural Center) as described by metes and bounds in this act. Reduces the corporate limits of Asheville by removing a total of three parcels described in metes and bounds: (1) the City of Asheville Parcel, (2) the North Parcel, and (3) the South Parcel. Provides that the described parcels and any contiguous property to those parcels, which is acquired by the state to be a part of the Western North Carolina Agricultural Center. is not subject to regulation by Asheville under GS Chapter 160A but instead is subject to Buncombe County ordinances under Article 18 of GS Chapter 153A.
These provisions are effective on the date that Buncombe County adopts an ordinance to make the specified areas subject to the zoning ordinance of Buncombe County.
Clarifies that the power of eminent domain may not be used to acquire any interest in the Ferncliff Industrial Park as it existed on June 1, 2011, except for a proven and present aviation need required by a federal agency.
Makes organizational changes and a conforming change.
Amends the title to read: AN ACT TO CREATE THE GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY, TO REMOVE THE ASHEVILLE REGIONAL AIRPORT AND THE WESTERN NORTH CAROLINA AGRICULTURAL CENTER FROM THE ZONING JURISDICTION OF THE CITY OF ASHEVILLE, TO REQUIRE THE CITY OF ASHEVILLE TO CONVEY TO THE STATE OF NORTH CAROLINA ANY OF ITS RIGHT, TITLE, AND INTEREST TO THE WESTERN NORTH CAROLINA AGRICULTURAL CENTER, AND TO REMOVE THE WESTERN NORTH CAROLINA AGRICULTURAL CENTER FROM THE CORPORATE LIMITS OF THE CITY OF ASHEVILLE.
Summary date: Jun 6 2011 - View Summary
House amendment makes the following changes to 3rd edition, as amended.
Specifies that the power of eminent domain may not be used for purposes not necessary for the operation of the airport; specifically, no property may be acquired by eminent domain for use as a hotel, motel, restaurant, or industrial park. States that eminent domain may not be used to acquire any interest in the Ferncliff Industrial Park as it existed on June 1, 2011, except for an aviation need required by a federal agency. Adds that any claim by Henderson County against Asheville or the current airport authority on account of acquisition of property by either or both in Henderson County is extinguished. Makes clarifying changes to the provision specifying the construction of the Authority’s powers created in the act.
House committee substitute makes the following change to 2nd edition. Clarifies that any real and/or personal property of the counties of Buncombe and Henderson and the City of Asheville may be granted and conveyed to the Greater Asheville Regional Airport Authority either by gift or for such consideration as allowed by federal law and as it may be deemed wise.
House amendment makes the following changes to 3rd edition. Removes provision in the act that states the act is to be construed broadly to include additional and supplementary powers not specifically detailed in the act.
Summary date: Apr 21 2011 - View Summary
House committee substitute makes the following changes to 1st edition.
Expands and clarifies the definitions for airport facilities and Authority. Adds definitions for member and ARAA member. Clarifies the qualifications for Authority membership, and adds that any ARAA member also holding an elective public office when this act becomes effective may serve as an Authority member until the elective office term ends or a successor is appointed. States that Authority members will serve four-year terms and may serve up to two successive four-year terms. Details terms for ARAA members. Clarifies that each member may serve until a successor is appointed, not to exceed 60 days. Adds that all Authority action will be determined by a majority vote. Deletes provision allowing compensation for members. Deletes requirement that five-day’s notice be given before Authority meetings and provides instead that notice be provided according to the laws for meetings of public bodies. Specifies that all meetings and closed sessions will be conducted according to the laws for meetings of public bodies. Adds three specified powers to the list of the Authority’s powers and authorities, and makes additional clarifying changes. Adds that GS 66-58(a) (prohibiting the sale of goods or services by governmental units) does not apply to the Authority. Makes additional clarifying and organizational changes.
Summary date: Mar 30 2011 - View Summary
Establishes the Greater Asheville Regional Airport Authority (authority), consisting of seven members who must meet specified qualifications. Provides for events that disqualify an individual from serving on the Authority, membership terms, membership suspension, membership voting, authority meetings, and membership compensation. Establishes the authority’s 18 duties, including purchasing, acquiring, establishing, constructing, owning, controlling, leasing, equipping, improving, maintaining, operating and regulating airports or landing fields for use by airplanes and other aircraft and all facilities incidental to their operation, within the limits of Buncombe and Henderson counties. Authorizes the authority to acquire any real or personal property from Buncombe and Henderson counties or the city of Asheville, which may be necessary for the construction, operation, and maintenance of any airport or facilities located in Buncombe or Henderson counties. Requires Asheville and Buncombe and Henderson counties to transfer the Asheville Regional Airport to the authority within 90 days after enactment of the act, unless approval of a federal agency is required, then the time period is extended to within 90 days of the agency’s approval. Provides for the acquisition of private property. Prohibits the authority from levying any taxes. Requires the authority to make an annual report to the Buncombe County Board of Commissioners, the Asheville City Council, and the Henderson County Board of Commissioners. Provides for entering into contracts, leases, conveyances, and other agreements. Requires the authority’s powers to be construed liberally in favor of the authority and include a severability clause.
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