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<br /> Part 4. Acquisition of Open Space.
<br /> 160A-401. Legislative intent.
<br /> It is the intent of the General Assembly in enacting this Part to
<br /> provide a means whereby any county or city may acquire, by pur-
<br /> chase. gift. grant, bequest, devise, lease, or otherwise, and through
<br /> the expenditure of public funds. the fee or any lesser interest or
<br /> right in real property in order to preserve, through limitation of
<br /> their future use, open spaces and areas for public use and enjoy-
<br /> ment. (1963, c. 1129, s. 1; 1971, c. 698, s. 1.)
<br /> Local Modification. — Guilford and "Urban Planning and Land use Regula-
<br /> cities of Greensboro and High Point: tion: The Need for Consistency," see 14
<br /> 1987, c. 669, s. 1. Wake Forest L. Rev. 81 (1978).
<br /> Legal Periodicals. — For comment,
<br /> § 160A-402. Finding of necessity.
<br /> The General Assembly finds that the rapid growth and spread of
<br /> urban development in the State is encroaching upon, or eliminat-
<br /> ing, many open areas and spaces of varied size and character, in-
<br /> cluding many having significant scenic or esthetic values, which
<br /> areas and spaces if preserved and maintained in their present open
<br /> state would constitute important physical, social, esthetic, or eco-
<br /> nomic assets to existing and impending urban development. The
<br /> General Assembly declares that it is necessary for sound and proper
<br /> urban development and in the public interest of the people of this
<br /> State for any county or city to expend or advance public funds for,
<br /> or to accept by purchase, gift, grant, bequest, devise, lease, or other-
<br /> wise, the fee or any lesser interest or right in real property so as to
<br /> acquire. maintain, improve, protect, limit the future use of, or oth-
<br /> erwise conserve open spaces and areas within their respective juris-
<br /> dictions as defined by this Article.
<br /> The General Assembly declares that the acquisition of interests
<br /> or rights in real property for the preservation of open spaces and
<br /> areas constitutes a public purpose for which public funds may be
<br /> expended or advanced. (1963, c. 1129, s. 2; 1971, c. 698, s. 1.)
<br /> § 160A-403. Counties or cities authorized to ac-
<br /> quire and reconvey real property.
<br /> Any county or city in the State may acquire by purchase, gift,
<br /> grant. bequest, devise, lease, or otherwise, the fee or any lesser
<br /> interest, development right, easement, covenant, or other contrac-
<br /> tual right of or to real property within its respective jurisdiction,
<br /> when it finds that the acquisition is necessary to achieve the pur-
<br /> poses of this Part. Any county or city may also acquire the fee to
<br /> any property for the purpose of conveying or leasing the property
<br /> back to its original owner or other person under covenants or other
<br /> contractual arrangements that will limit the future use of the prop-
<br /> erty in accordance with the purposes of this Part, but when this is
<br /> done, the property may be conveyed back to its original owner but
<br /> to no other person by private sale. (1963, c. 1129, s. 3; 1971, c. 698,
<br /> s. 1.)
<br /> Local Modification. — Guilford and Decade of Preservation and Preserve-
<br /> ,
<br /> cities of Greensboro and High Point: Lion Law," see 11 N.C. Cent. L.J. 214
<br /> 1987, c. 669, s. 2. (1980).
<br /> Legal Periodicals. —For article,"A
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