Agenda - 10-12-1999 - 1 - Laserfiche WebLink

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Draft 10/8/99 VI. Options for Land Management In any. program of expenditure. of public funds, the ultimate authority rests: with the duly-elected representatives of the public. Delegation of that authority,- unless under special agreements, can undermine that authority. As such,. any final decisions on the way that -land is acquired, used and managed for the Orange- Lands- Legacy program should fall to .the- Board of County: Commissioners. As is the case in other places . around the country,. only a board elected by the people can adequately and equitably weigh the priorities, community goals and interests. in making an°acquisition decision. Recognizing the Board. of Commissioners' role as .ultimate decision- maker in land- acquisitions, however, there are several, paths that the County could select. in the structure for acquiring and managing lands. Some of the management structures may be more feasible in the short-term, others, may be more practical in the long-term, and some may prove not to be workable at all. The following subsections illustrate three options for the Board's consideration. in setting up a County land management structure, followed by several variations of the theme in the way of coordination, and issues related to land management: A. Lands Legacy Program Through Existing County Statutory Authority Counties in North Carolina, as political subdivisions of the State, have the statutory authority to acquire and hold lands, as set out in the N.C. General Statutes (NCGS 153A-158): A county may acquire, by gift, grant, devise, bequest exchange, ..purchase, /ease, or any other /awfu/method, the fee or any lesser interest in real or persona/ property.. for use, by the county or-any department board, commission, or agency of the county, With this authority, .Orange County could enter into a program for acquisition of critical land resources without any further provision. 38