01 NCAC 06B .0305          BY EASEMENT

By Easement

(1)           A PO‑2, "Disposition of Real Property," must be sent to Division of State Property.

(2)           Contact is made with applicant for easement to determine feasibility and if the easement is in the best interest of the state.

(3)           If determined necessary by Division of State Property, an appraisal is secured. The appraisals may be provided by applicant subject to Division of State Property review and approval. Cost of the easement will be determined in accordance with Section .0900 of this Subchapter.

(4)           In some cases easements are granted without consideration if the easement does not damage the property. Damages are determined by the Director, Division of State Property, in accordance with Section .0900 of this Subchapter.

(5)           If price is acceptable to applicant, Division of State Property may recommend disposition to Council of State.

(6)           An item is prepared in Division of State Property for Council of State presentation. In preparation, PO‑4, "Report on Findings of the Department of Administration," is prepared and submitted for State Budget Officer's approval.

(7)           This Rule does not apply to easements covered in Section .0500 of this Subchapter.

History Note:        Authority G.S. 143‑341(4);

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.