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- ART, 12. SALE AND DISPOSITION OF PROPE § 1 60A-27,4
<br /> nal property by 1990) c. 867; city of Charlotte; 1979, c. 446 1
<br /> :ity receives y ul v city of Clinton:1985(Reg.Sess.,1986),c. or alley as a w.\,, o ,assage. A grant of air ,
<br /> es a f ate c 388; y g' rights over a s set i ht of-wa
<br /> z exchange for 1 an �9�'9, 2; city of Concord: 1985, c. 355; city of ` g y or other
<br /> ,o exchange r !ts r d #3 1991,C.557,s. 1;city of Salisbury: 1987,c. Property owned t \ city for the purpose
<br /> prise for g ke cilitlee°o uownia.city of Statesville: 1983(Reg.Sess., 1984),c. of erecting a he �1n or other permanent
<br /> outside facili f Sess., 1988),c. 883;town of Beaufort: structure (other n utility wires or
<br /> all
<br /> outside
<br /> excha c0 tt w 1g8371;gown of Columbia: 1987, c. 781, s. 1.1; pipes) shall be treated as a sale of real
<br /> all b ng °ra Mills:1985,c, 285;town of Kenansville: property, except that a
<br /> ta
<br /> authori21ng°t!Y tda� O;town of Manteo: 1985(Reg,Sess.,1986),c. ove a street fight-of-way for the air
<br /> purpose
<br /> 0 days'regular Ineetin he . ,c.5 of Tarboro: 1985 (Reg. Sess,, 1986), c. 963; of constructing a bridge or
<br /> -en bpub bhc note f Wpi'n th y Board Pasquot nk County A sport Au- between existing buildings passageway osit
<br /> ties to ation sides of the street shall be treated as a
<br /> props han8ed, tort : 1987 (Reg.Sess., 1988), c.1006,Airport Au- (1971, C. 698, S. 1.)
<br /> of the grant of an easement.
<br /> changing hands and 'b°" '
<br /> ncil's intent to author CASE NOTES CASE NOTES
<br /> at its next
<br /> )8, s. 1; 1973 c x4261 a municipal corporation has a twofold charac- Constitutionality.-This section is not a special
<br /> isfted as and dual powers. The one is variously desig- act and does not violate N.C. Const., Art. II, § 24, f '
<br /> public, governmental, political or legisla- which prohibits the enactment of any local, private, ,
<br /> or rental of �,in which the municipal corporation acts as an or special act or resolution regulating labor, trade,
<br /> Prep, troy of the State,The other is variously designated mining,or manufacturing.Cheape V.Town of Chapel o-
<br /> r municipal, private, quasi-private, or proprietary. Hill, 320 N.C. 549, 359 S.E.2d 792 (1987).
<br /> ed by a city is v.City of Washington, 63 N.C. App. 552, 305
<br /> such terms and u 0,2d 754 modified on other grounds,309 N.C.818, § 160A-274. Sale, lease,
<br /> fie council may deter- !10 S.E.2d 610 (1983). joint use sof exchange and t}
<br /> onger than 10 NA section empowers a city to lease or rent 1 governmental
<br /> provided yew; s4 property owned by the city for such terms and property.
<br /> provided and such conditions as the council may determine. } ;
<br /> that the power is to be exercised by the governing body of „ (a) For the purposes of this section
<br /> needed by the city for I tee municipality acting in its ov l administrative unit" means a an count
<br /> g proprietary, rather g " section,
<br /> 3.
<br /> In determining capacity. y school administrative unit, sanitary dis- °
<br /> than its governmental ca acit Lewis v, City of ,
<br /> ass, periods that nil, wpbington, 63 N.C. App. 552, 305 S.E.2d 752, trict, fire district, the State, or any other
<br /> 'al term by o done modified on other grounds,309 N.C. 818,310 S.E.2d public department, {
<br /> ll be includes, p uo(1983). board, authority, nsti `
<br /> leased only corporate agency, board, commission, or institution. f '
<br /> Y Pursuit
<br /> The city's proprietary or co power to (b) Any governmental unit may, upon i
<br /> 3
<br /> cased o ly pu wetract for the leasing of its property is limited, such terms and conditions as it deems 1
<br /> �n8 k cannot be exercised so as to disadvantageously wise, with or without consideration, ex- i it
<br /> ease or rental agree. elect the governing body's governmental
<br /> ular council meeting ; The true test is whether the contract-itself deprives a change with, lease to, lease from, sell to
<br /> otice. Notice shall be { t 8 body,or its successor,of a discretion which purchase from, or enter into agreements t )
<br /> describing the prop- pike policy demands should be left unimpaired. regarding the joint use by any other gov-
<br /> rented, stating the - tons v.City of Washington, 63 N.C. App. 552, 305 ernmental unit of any interest in real or
<br /> use payments, and 3.B•2d 752,modified on other grounds,309 N.C. 818, personal property hat it may o
<br /> il's intent to autho-
<br /> 310 SE2d 610 (1983). Y k
<br /> (c) Action under this section shall be
<br /> at its next regular Applied in National Medical Enters., Inc. v. taken by the governing body of the govern- t?#
<br /> 9eodrock,72 N.C. App. 245, 324 S.E.2d 268 (1985). mental unit. Action hereunder by any 1
<br /> State agency, except the Department of
<br /> d be given for reeo-
<br /> uses or rentals for i 160A-272.1. Lease of utility or enter- Transportation, shall be taken only after
<br /> ass, and the council prise property. approval by the Department of Adminis- f:
<br /> y manager or some Sul G.S. 160A-321, a city-owned tration. Action with regard to State prop- k
<br /> we officer authority public Y arty under the control of the Department
<br /> rroperty for terms of agl�rleof or ublic service enterprise, or part of Transportation shall be taken by the
<br /> for terms of moro , may be leased. (1979, 2nd Sess., c. Department of Transportation or its duly
<br /> treated as a sale of I�7, s• 27.) authorized delegate. Provided, any county
<br /> ctreate by following board of education or board of education
<br /> uthor
<br /> acute zed for sale of i 1IQA-273. Grant of easements. for any city administrative unit may upon
<br /> 698, s. 1; 1979, 2nd such terms and conditions as it deems
<br /> A city shall have authority to grant wise, lease to another governmental unit
<br /> rents over, through, under, or across for one dollar ($1.00) per year any real
<br />)uplin: 1987, c. 50; 1997 i tY property or the right-of-way of property owned or held by the board which
<br />>. 6; Lincoln: 1983 (Rsi. �Y public street or alley that is not a part has been determined by the board to be
<br /> 411, e. 1;Lincoln: 1983 task State highway system.Easements in unnecessary or undesirable for public
<br /> Reg.Sess., 1986),c•943 Feet or alley right-of-way shall not be school purposes. (1969, c. 806; 1971, c. 698,
<br /> 1.1; Wake: 1979,c. 2* R1nted if the easement would substan- s. 1; 1973, c. 507, s. 5; 1975, c. 455; c. 664, g
<br />)f Asheboro: 1989 (lts- �a11Y impair or hinder the use of the street s. 9; c. 879, s. 46; 1977, c. 464, s. 34.)
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