Orange County NC Website
Chapter 115C. Elementary and Secondary Education. \ SUBCHAPTER IX. 4 <br />PROPERTY. \ ARTICLE 37. School Sites and Property. <br />115C-518. Disposition of school property; easements and rights-of-way. <br />Chapter 115C. Elementary and Secondary Education. \ SUBCHAPTER IX. <br />PROPERTY. \ ARTICLE 37. School Sites and Property. \ 115C-518. Disposition of school <br />property; easements and rights-of--way. <br />VIEW THIS SECTION ONLY <br />(a) When in the opinion of any local board of education the use of any building site or other real <br />property or personal property owned or held by the board is unnecessary or undesirable for <br />public school purposes, the local board of education may dispose of such according to the <br />procedures prescribed in General Statutes, Chapter 160A, Article 12, or any successor provisions <br />thereto. Provided, when any real property to which the board holds title is no longer sultable or <br />necessary for public school purposes, the board of county commissioners for the county in which <br />the property is located shall be afforded the first opportunlty to obtain the property. The board of <br />education shall offer the property to the board of commissioners at a fair market price or at a <br />price negotiated between the two boards. If the board of commissioners does not choose to obtain <br />the property as offered, the board of education may dispose of such property according to the <br />procedure as herein provided. Provided that no State or federal regulations would prohibit such <br />action. For the purposes of this section references in Chapter 160A, Article 12, to the "city," the <br />"council," or a specific city official are deemed to refer, respectively, to the school administrative <br />unit, the board of education, and the school administrative official who most nearly performs the <br />same duties performed by the specified city official. A local board of education may also sell any <br />property other than real property through the facilities of the North Carolina Department of <br />Administration. The proceeds of any sale of real property or from any lease for a term of over <br />one year shall be applied to reduce the county's bonded Indebtedness for the school <br />administrative unit disposing of such real property or for capital outlay purposes. <br />(b) In addition to the foregoing, local boards of education are hereby authorized and <br />empowered, in their sound discretion, to grant easements to any public utility, municipality or <br />quasi-municipal corporations to furnish utility services, with or without compensation except the <br />benefits accruing by virtue of the location of the said public utility, and to dedicate portions of <br />any lands owned by such boards asrights-of--way for public streets, roads or sidewalks, with or <br />without compensation except the benefits accruing by virtue of the location or improvement of <br />such public streets, roads or sidewalks. <br />(c) Any sale, exchange or lease of real or personal property by any local board of education <br />prior to June 18, 1982, and pursuant to the authority of G.S. 115-126 is hereby validated, ratified <br />and confirmed. <br />(1955, c. 1372, art. 15, s. 2; 1959, c. 324; c. 573, s. 11; 1961, c. 395; 1975, c. 264; c. 879, s. 46; <br />1977, c. 803; 1981, c. 423, s. 1; 1981 (Reg. Sess., 1982), c. 1216; 1983, c. 731; 1985 (Reg. Sess., <br />1986), c. 975, s. 22.) <br />Copyright (C) 1997, West Group <br />