Bill Summary for S 334 (2013-2014)

Summary date: 

Mar 26 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 334 (Public) Filed Thursday, March 14, 2013
A BILL TO BE ENTITLED AN ACT TO REESTABLISH THE STATUS QUO ANTE WITH REGARD TO THE DOROTHEA DIX PROPERTY IN ORDER TO ALLOW A TRANSACTION THAT REPRESENTS THE STATE'S NECESSITY OF HOUSING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RALEIGH'S GOAL OF CREATING A WORLD CLASS DESTINATION PARK, THE MENTAL HEALTH COMMUNITY'S NEED FOR APPROPRIATE SERVICES, AND THE PEOPLE OF NORTH CAROLINA'S RIGHT TO A FAIR RETURN ON INVESTMENT.
Intro. by Hise, Pate, Tucker.

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Bill 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.

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