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<br /> ART. 12. SALE AND DISPOSITION OF PROPE`TY § 1 60A-274 3
<br /> sal property \ „
<br /> p petty b g0) c. 867; city of Charlotte: 1979, c. 446; or alley as a w. o `{assa e. A grant of air
<br /> 1 tex horn receives a full(°ate � y,c1388;c1 y of Clinton:
<br /> C ncord:98986ec,5355;1986),of rights over a s eet` ight-of-way or other
<br /> ge for its arid 3, s. Y property owned th\ tit for the u ose
<br /> so exchange faeilitpr0p' u�g�°°la•19 of Stat sville: 1983(Re .Sees,, 1984),c. g y permanent
<br /> prise for ea 1;city g of erecting a bui .in: or other or F
<br /> like fa Of 1 ,O5,s Sess., 1988),c. 883;town of Beaufort.
<br /> structure (other
<br /> outside a the co cloitiea ,( sip;198371 to'gwn of Columbia: 1987, c. 781, s. 1.1; pipes) shall be treated utility lofsreal
<br /> I
<br /> exchange rate r 1919, o e Mills:1985,C.285;town of Kenansville: property, except that a
<br /> lotion authoriZ1n "1Y �oWn 50; own of Manteo:1985(Reg.Sess.,1986),c. ove a treet right-of-way for the air
<br /> I'
<br /> 0
<br /> t a days' rneetln the ( !��tj%j l of Tarboro: 1985(Reg, Sess., 1986), c. 963; of constructing a bridge or passageway )
<br /> Y ' public g of County Board of Education: 1987, c. 50;
<br /> hate p„pli th City - Pasquotank County Airport Au- between existing buildings re opposite 1
<br /> t
<br /> en ies b to be lication de- "� 1991, C. 26; Goldsboro-Wayne Airport sides of the street shall be treated as a i ;
<br /> y rport Au-
<br /> �f the pro exchangedr� minty 1987 (Reg. Sess., 1988), C. 1006, s. 5. grant of an easement. (1971, c. 698, s. 1.)
<br /> changing p rues an ''
<br /> g e han�� and CASE NOTES CASE NOTES i .'
<br /> ncil's intent to author
<br /> 18 ts.its
<br /> 1; 19731 regular Constitutionality.
<br /> ' , C. 426 A
<br /> municipal corporation has a twofold charac- tY.-This section is not a special
<br /> A 0�and dual powers. The one is variously desig- act and does not violate N.C. Const., Art. II, § 24,
<br /> �� as public, governmental, political or legisla- which prohibits the enactment of any local, private, F m
<br /> Or rental or special act or resolution regulating labor, trade,
<br /> Of prn� R which the municipal corporation acts mining, manufacturing. p (
<br /> of the State.The other is variously designated
<br /> g,or manufacturer Cheape v.Town of Chapel
<br /> ( ii municipal, private, quasi-private, or proprietary. Hill, 320 N.C. 549, 359 S.E.2d 792 (1987). �..
<br /> ed by „`
<br /> y a city Inawis v.City of Washington, 63 N.C. App. 552, 305
<br /> such terms and p n j10•SE 2d modified 1 8 other grounds,309 N.C. 818, § 160A-274. Sale, lease, exchange and t`
<br /> ze council may de joint use of governmental
<br /> )'
<br /> anger than fir" this section empowers a city to lease or rent g
<br /> provided 1 Years nay P-ape �'owned by the city for such terms and property. z',
<br /> herein) and such conditions as the council may determine.
<br /> determines that the This power is to be exercised by the governing body of « (a) For the purposes of this section, 1
<br />'leeded by the city for the municipality acting in its proprietary, rather governmental unit" means a city, county, P ,
<br /> In determining the than its governmental capacity. Lewis v. City of school administrative unit, sanitary des-
<br /> ase, periods that Inay Washington, 63 N.C. App. 552, 305 S.E.2d 752, trict, fire district, the State, or any other ( .'
<br /> ial term by options to modified on other grounds, 309 N.C. 818,310 S.E.2d public'-district; authority, department, i
<br /> 11 be included. 610(1983). agency, board, commission, or institution.
<br /> leased only pursuant
<br /> The city's proprietary or corporate power to (b) Any governmental unit may, upon
<br /> council authorize eoetract for the leasing of its property is limited, such terms and conditions as it deems 1
<br /> ease or rental a 9 cannot be exercised so as to disadvantageously wise with or without consideration, ex- x
<br /> agree- affect the governing body's governmental powers. change with, lease to, lease from
<br />;ular council meeting She true test is whether the contract,itself deprives a g , sell to,
<br /> Lotice. Notice shall be governing body,or its successor,of•a discretion which purchase from, or enter into agreements
<br /> describing the prop- . public policy demands should be left unimpaired. regarding the joint use by any other gov-
<br /> rented, stating the Lewis v.City of Washington, 63 N.C. App. 552, 305 ernmental unit of any interest in real or
<br /> rise payments, and
<br /> S.E.2d 752,modified on other grounds,309 N.C. 818, personal property that it may own.
<br /> il's intent to autho
<br /> 310 S.E.2d 610 (1983). (c) Action under this section shall be �`=x
<br /> at its next regular Applied in National Medical Enters., Inc. v. taken by the governing body of the govern-
<br /> Sandrock, 72 N.C. App. 245, 324 S.E.2d 268 (1985). mental unit. Action hereunder by any
<br /> d be given for rasa- State agency, except the Department of
<br /> rises or rentals for 1160A-272.1. Lease of utility or enter- Transportation, shall be taken only after
<br /> ,ss, and the council prise property. approval by the Department of Adminis-
<br /> y manager or some tration. Action with regard to State prop- ,
<br /> eve officer r or some Subject to G.S. 160A-321, a city-owned erty under the control of the Department
<br /> roperty for terms of inky f subl is service enterprise, or part of Transportation shall be taken by the
<br /> as for terms of more thereof,f 2a) a leased. (1979, 2nd Sess., c. Department of Transportation or its duly
<br /> treated as a sale of authorized delegate. Provided, any county
<br /> recuted by following board of education or board of education
<br /> uthorized for sale o # 160A-273. Grant of easements. for any city administrative unit may, upon
<br /> 698, s. 1; 1979, 2nd A city such terms and conditions as it deems
<br /> y shall have authority to
<br /> easements over, through, under, or across for one dollar ($1.00) r ear an governmental re l k
<br /> �Y tit ($ per year any real
<br />)ogler: 1987, c. 50; 1987 ; Y property or the right-of-way of property owned or held by the board which
<br /> 3. 6; Lincoln: 1983 (Re eke State highway system.Easements in unnecessary or undesirable for public
<br /> 1Reg Wake,1986),c. 273: 1 t or alley right-of-way shall not be school purposes. (1969, c. 806; 1971,c. 698,
<br /> tQd if the easement would substan- s. 1; 1973, c. 507, s. 5; 1975, c. 455; c. 664,
<br />,f Asheboro: 1989 (Rest• wally impair or hinder the use of the street s. 9; c. 879, s. 46; 1977, c. 464, s. 34.)
<br /> 571
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