SUBCHAPTER 6B ‑ REAL PROPERTY

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

01 NCAC 06B .0101          PURPOSE: POLICY AND RESPONSIBILITY

The Division of State Property is the administering agency in state government for the acquisition and disposition of all state owned land or any interest therein by deed, lease, easement, or allocation.  It is responsible for the administering of allocation and reallocation of land, building or space in buildings by and between agencies, institutions or departments of the state.  It provides relocation assistance to persons displaced by state projects to insure that individuals do not suffer disproportionate injuries due to construction of public projects.

 

History Note:        Authority G.S. 143‑341(4); 146;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

01 NCAC 06B .0102          ORGANIZATION

01 NCAC 06B .0103          LOCATION

01 NCAC 06B .0104          HOURS OF OPERATION

01 NCAC 06B .0105          RULE‑MAKING

01 NCAC 06B .0106          CONTESTED CASES

01 NCAC 06B .0107          DECLARATORY RULING

01 NCAC 06B .0108          DESCRIPTION OF FORMS

01 NCAC 06B .0109          DEPARTMENT OF ADMINISTRATION RULES

01 NCAC 06B .0110          SPACE OCCUPIED

 

History Note:        Authority G.S. 143‑341; 143‑341(4); 143‑341(4)f., g.; 143‑342.1; 143B‑10;

143B‑10(j); 146; 150B, Article 3; 150B‑11(1); 150B‑16; 150B‑17; 1 NCAC 1B;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Repealed Eff. June 1, 1986.

 

SECTION .0200 ‑ ACQUISITION OF REAL PROPERTY

 

01 NCAC 06B .0201          FUNDING

 

History Note:        Authority G.S. 143‑16; 143‑341;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Repealed Eff. June 1, 1986.

 

01 NCAC 06B .0202          GENERAL

The Division of State Property will investigate all aspects of the requested acquisition including the desirability of purchasing additional tracts of land adjacent to or in connection with any requested acquisition, considering efficiency, future needs and economy in the best interests of the state.

 

History Note:        Authority G.S. 146‑23; 146‑25;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0203          BY DEED

(a)  A PO‑1, "Acquisition of Real Property," must be sent to the Division of State Property by the agency desiring to acquire property.

(b)  Contact is made with property owner, either by registered letter, telephone call or personal visit requesting permission to appraise property with no obligation on owner's part.  This letter also informs the owner of the state's intent to purchase the property.

(c)  If permission is received from owner, an appraisal is secured in accordance with Section .0900 of this Subchapter:

(1)           A real property agent and relocation agent from the Division of State Property then contacts the owner.

(2)           An offer to purchase is made based on the just compensation value determined by the Director of the Division of State Property.

If the property owner agrees to sell, an Option Agreement is secured with the approval of the Governor and Council of State.

(d)  An item is then prepared in the Division of State Property for presentation to the Council of State:

(1)           In preparation, a PO‑3, "Report on Findings of the Department of Administration," is prepared and submitted for the State Budget Officer's approval.

(2)           Each file is documented with sufficient details to explain the acquisition procedure.

(3)           A title opinion is requested from the Attorney General assigned to the Department of Administration.

(e)  An agenda covering property matters to be presented to the Council of State is typed, printed, and distributed by hand before the Council of State meeting with copies to:

(1)           Council of State members,

(2)           Secretary of Department of Administration.

(f)  After Council of State meeting is held:

(1)           Notifications of Council of State actions are made to each agency and individual property owner involved.

(2)           The transactions approved are forwarded to the Attorney General's Office with instruction for completion.  All legal transactions in connection with an acquisition are handled through the Attorney General's Office.  All legal documents are prepared in that office.

(3)           The PO‑3 is forwarded to the Governor's Office for signature by the Secretary for the Council of State and returned to the Division of State Property for filing.

(g)  After title opinion is received by the Attorney General, a report of the findings is given to the Division of State Property.  If approval is given, checks are requested for purchase price of the property.

(h)  When the checks are received, the deed and closing instructions are sent out by the Attorney General.

(i)  After the deed is delivered and recorded:

(1)           A check from the owner for his pro rata share of the ad valorem tax is transmitted for deposit until a tax statement is received.  At that time, the Division of State Property requests a check for the full amount of tax due.  The state pays ad valorem taxes on property for the year in which purchased.

(2)           The original deed is filed in the Secretary of State's Office.

(3)           A copy of the deed is sent to the affected agency, along with any special information concerning vacancy of improvements or management of property.

(4)           A copy of the deed, appraisal and any other pertinent information is placed in the permanent files of the Division of State Property.

(5)           A letter is written to the tax office in affected county, requesting a change in the ownership records.

(6)           The insurance department is notified of the value of buildings involved if the building is not to be demolished.

(7)           Land inventory data is prepared and entered into the computer.

 

History Note:        Authority G.S. 143‑341(4); 146‑22; 146‑22.1; 146‑23;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. August 1, 1988.

 

01 NCAC 06B .0204          BY CONDEMNATION

If the owner does not agree to sell and the property is vital to the state, the Division of State Property will present a resolution to the Governor and Council of State for approval that authorizes the use of condemnation to acquire the property.  Upon approval of the resolution, the Division of State Property will forward the case to the Office of the Attorney General, which will prepare the necessary papers and file the condemnation.

 

History Note:        Authority G.S. 143‑341(4)d.; 146, Article 6;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. August 1, 1988.

 

01 NCAC 06B .0205          BY LEASE: GENERAL

(a)  When the need for space arises, the requesting department will first contact the Division of State Property to determine whether there is state‑owned or leased space available to fill the need.

(b)  If it is determined that there is no suitable state‑owned or leased space available and the Division of State Property determines that it is in the best interest of the state, the requesting department may then proceed to acquire the needed space in the manner indicated in Regulations .0206 through .0208 of this Section.

(c)  Upon approval of the Governor and Council of State, all leases are forwarded to the Department affected for signature by the lessor.

(d)  All leases must be drawn by or approved as to form by the Office of the Attorney General through the Division of State Property.

 

History Note:        Authority G.S. 143‑341(4)d.; 146‑25;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. August 1, 1988.

 

01 NCAC 06B .0206          LEASE NOT EXCEEDING $5,000: TERM NOT EXCEEDING THREE YEARS

Leases where the annual rental does not exceed five thousand dollars ($5,000) or the term does not exceed three years may be negotiated and signed as provided by Council of State resolutions.  A copy of the executed lease must be forwarded to the Division of State Property.  Departments not empowered to act by these resolutions must follow the procedures outlined in Regulations .0205 and .0207 of this Section for all leases involving annual rental not in excess of twelve thousand dollars ($12,000).

 

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

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. June 1, 1987.

 

01 NCAC 06B .0207          LEASE NOT EXCEEDING $12,000/TERM THREE YEARS

If the annual rental does not exceed twelve thousand dollars ($12,000) and the term does not exceed three years, the steps listed are followed:

(1)           Agency forward PO‑1 (Acquisition of Real Property), PO‑28 (Proposal to Lease to State), floor plan, and other available pertinent information to the Division of State Property;

(2)           Upon receiving the proper request, the Division of State Property will proceed to investigate the space needs and rental terms;

(3)           Upon completion of the investigation, the Division of State Property will either approve or reject the proposal;

(4)           If approved the proposal will be referred to:

(a)           the State Budget Office for verification of funding;

(b)           the Attorney General's Office for preparation of the lease agreement;

(c)           the Secretary of Administration or designee for signature.

The Division of State Property may delegate authority to certain agencies as it deems warranted to enter into leases without prior approval of the Secretary of Administration.  Upon granting such authority in writing, the Property Office will include a list of rules that must be followed by the agency when handling such transactions.

 

History Note:        Authority G.S. 143‑341(4)d,f,h,; Council of State Resolution September 1, 1981;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. June 1, 1987; October 1, 1982.

 

01 NCAC 06B .0208          LEASE MORE THAN $12,000 OR MORE THAN THREE YEARS

For space needs where the annual rental exceeds twelve thousand dollars ($12,000) or the term exceeds three years, Form PO‑26 provides the basic steps to follow in the leasing procedures required by G.S. 146‑25.1. Additional guidance is provided below:

(1)           Specifications.  The agency prepares a Form PO‑27.  This serves as a guideline for supplying information which a prospective lessor needs to make a lease proposal.

(2)           Advertising.  Newspaper ads will be prepared by the Division of State Property and will be forwarded to the agency for submission to a newspaper of general circulation in the "Legal Notices" section or other appropriate section.  The ad must run for at least five consecutive days and give a specific cut‑off date for receiving proposals.  The cut‑off date must be at least seven days after the last day the ad is run.

(3)           Proposals.  All proposals should be submitted on Form PO‑28 which includes the basic information that is necessary to evaluate and compare each proposal received.  All proposals must be submitted directly to the Division of State Property prior to the time of cut‑off.

(4)           Space Selection.  After the location of desired space has been selected by the Division of State Property and reviewed by the agency, a Form PO‑1 must be submitted by the agency to the Division of State Property requesting acquisition of the space.  If the low proposal is not selected, a statement of justification must be submitted also.  If in order, the Division of State Property will present the matter to the Council of State for consideration.  Space selections will be made in keeping with G.S. 146‑23.1 regarding the acquisition by the state of buildings and space in buildings having historic, architectural or cultural significance.

 

History Note:        Authority G.S. 146‑25.1;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. June 1, 1987.

 

01 NCAC 06B .0209          SEMIANNUAL REPORTING OF LEASES

 

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

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

Repealed Eff. June 1, 1986.

 

01 NCAC 06B .0210          BY EASEMENT

The procedures for acquisition by deed are generally followed:  (North Carolina Administrative Code 6B .0203)

(1)           If easement area is given to the state, an appraisal would not be necessary; therefore, steps concerning securing an appraisal and requests for checks would be unnecessary.

(2)           Title opinion is not requested if easement area is so nominal that a title opinion is considered unnecessary.

(3)           North Carolina Administrative Code 6B .0203(9) is to be followed, inserting the words "easement agreement" in place of "deed."

 

History Note:        Authority G.S. 146, Subchapter I, Article 2; 143‑341(4);

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0211          BY GIFT

The procedure for handling gifts of improvements to be constructed on state land is as follows:

(1)           Any proposed gift of an improvement to be constructed on state land shall be submitted to the Division of State Property.

(2)           Requests shall be submitted to the Advisory Budget Commission with a recommendation.

(3)           If approved by the Advisory Budget Commission, the Division of State Property shall submit request to the Council of State for their approval or disapproval.

(4)           If approved, the Division of State Construction shall review and approve the construction plans.

(5)           The division of state construction shall review and approve the final project and inform the Division of State Property that the project has been accepted.

(6)           The Division of State Property shall advise the appropriate agency to accept management of the property.

 

History Note:        Authority 143‑18.1; 143‑34.2; 143‑341; 146‑26; 146‑64(3);

Eff. February 27, 1979.

 

01 NCAC 06B .0212          ANNUAL LEASE MORE THAN $150,000

For space needs where the annual rental exceeds one hundred fifty thousand dollars ($150,000), Form PO‑26 provides the basic steps to follow in the leasing procedures required by G.S. 146‑25.1.  Additional guidance is provided in this Rule:

(1)           Specifications.  The requesting agency prepares a Form PO‑27.  This serves as a guideline for supplying the information which a prospective lessor needs to complete a lease proposal.

(2)           Advertising.  Newspaper ads will be prepared by the Division of State Property and will be forwarded to the agency for submission to a newspaper of general circulation in the "Legal Notices" or other appropriate section of the newspaper.  The ad must run for at least five consecutive days and give a specific cut off date for receiving proposals.  The published cut off date must be at least seven days after the last day the ad is run.

(3)           Proposals.  All proposals must be submitted on Form PO‑28 which includes the basic information that is necessary to evaluate and compare each proposal received.  All proposals must be submitted directly to the Division of State Property prior to the published cut off period.

(4)           Space Selection.  All proposals will be reviewed by the Division of State Property and the requesting agency.  A set of proposals will be selected, based on the General Statutes and the rules contained in this Chapter, for further review and consideration.

(a)           The submittors of proposals selected for further review shall be notified in writing by the Division of State Property.  The notice of selection for further review will include the date, time, and location at which a Proposers' Meeting will be conducted.

(b)           At this meeting, the selected proposers will be given the opportunity to submit a final low price proposal.  Price proposals may be submitted via the U.S. Mail, telegraph, telefax or other commonly acceptable medium of communication in lieu of the proposer or his agent being physically present at the meeting.  In the event that identical price proposals are submitted by two or more proposers, the proposers or their agents present at the meeting will be granted another opportunity to submit a lower price proposal.  This process will continue until a lowest price proposal is received by the Division of State Property.  When the lowest price proposal is received no further price negotiations will be conducted by the Division of State Property.

(c)           After reviewing all the relevant data, a determination for desired space will be made by the Division of State Property; this decision will be reviewed by the requesting agency.  A Form PO‑1 must be submitted by the agency to the Division of State Property requesting acquisition of the space.

(d)           The Division of State Property will present its recommended proposal to the Council of State for its review and consideration.  If the low price proposal is not selected, a statement of justification will be submitted to the Council of State.

(e)           Should the selected proposal be withdrawn or for any other reason not be available, all submitted proposals will be reconsidered and if none are acceptable, the Division of State Property will proceed to obtain suitable space in the manner provided by the General Statutes and the rules contained in this Chapter.

(f)            Space selections will be made in keeping with G.S. 146‑23.1 regarding the acquisition of buildings and space in buildings having historic, architectural or cultural significance.

(5)           Exception.  If adherence to the procedure in this Rule was not feasible in a particular situation, the Division of State Property will notify the Council of State of the deviation at the time the lease is presented for Council of State consideration.

 

History Note:        Authority G.S. 143‑341(4)(d); 146‑25;

Eff. March 1, 1991.

 

SECTION .0300 ‑ DISPOSITION OF REAL PROPERTY

 

01 NCAC 06B .0301          FUNDING AND STATE LAND FUND

01 NCAC 06B .0302          GENERAL

 

History Note:        Authority 143‑341(4)e.,f.; 146‑1; 146‑27; 146‑28; 146‑30; 146‑71; 146‑73;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Repealed Eff. June 1, 1986.

 

01 NCAC 06B .0303          BY DEED

By Deed

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

(2)           An estimate of value is determined as in Section .0900 of this Subchapter.  This figure, plus expenses of the sale, will be the initial asking price for the property.

(3)           Sale may be by bid or by negotiation.  Properties may be sold without advertisement and bidding if negotiations with prospective purchaser are deemed in best interest of the state.  Property is not normally sold for less than the estimate of value plus any expense incurred. In disposals of state‑owned residential facilities, residents may be allowed first refusal at the appraised value plus cost of appraisal before sale to the general public.

(4)           If advertising is deemed appropriate, an advertisement is prepared and forwarded to local newspapers giving pertinent information for sale, minimum bid acceptable, and deadline for submitting bids.  Usually, "For Sale" signs are posted on the property.  Sale of land by bid is accomplished in accordance with 1 NCAC 6B .0304.

(5)           Realtors may sell state‑owned property if deemed in the best interest of the state.  The fee is negotiable but usually is one‑half the current rate.  All offers, on behalf of the realtor's clients, are presented to the Division of State Property for consideration.

(6)           An item is prepared in the Division of State Property for Council of State presentation once an offer to purchase or high bid is received.  PO‑4, "Report on Findings of the Department of Administration," is prepared and submitted to the State Budget Officer for approval.  Each file is documented with details of the disposition.

(7)           After the Council of State meeting is held, notification of Council of State action is made to each department or individual involved.  With approval of the Governor and Council of State, the transactions are forwarded to the Attorney General's Office with instructions for completion. All legal transactions in connection with a disposition are handled through the Attorney General's Office and all legal documents are prepared in that office.  Copy of PO‑4 is signed by Secretary for Council of State and returned to Division of State Property for filing.

(8)           After deed is delivered, all papers are returned from the Attorney General's Office to Division of State Property with check for the purchase price of the property.  The check is sent to the controller, requesting deposit of percentage to the State Land Fund and deposit of net proceeds to the State Treasurer, unless otherwise governed by statute.  A copy of the deed is forwarded to the affected agency.

(9)           Land inventory data is prepared for computer record.

 

History Note:        Authority G.S. 143‑341(4); 146‑71; 146‑15; 146‑3 to 146‑14; 146‑27 to 146‑30;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. August 1, 1988.

 

01 NCAC 06B .0304          PROCEDURE FOR SALE OF STATE LAND

The following procedure is used when surplus state‑owned property is offered for sale by bid:

(1)           All state land will be advertised for sale unless waived by the Council of State.  An advertisement is placed in a newspaper of general circulation, allowing 15 days for interested parties to bid.  All bids must be forwarded to the Director, Division of State Property, Room 401 Administration Building, 116 West Jones Street, Raleigh, North Carolina 27611 and must be accompanied by a certified or cashier's check for no less than five percent of the bid, payable to the "State of North Carolina."

(2)           After initial bids have been received, all interested parties will be notified of the high bid in order that they may have an opportunity to raise same.  If not raised within 10 days, the Director of the Division of State Property will determine if the high bid should be accepted.  All raises must be received within the 10 day period.

(3)           The bid may be raised by an amount of not less than five percent of the circulated high bid.  Such a bid, together with a certified or cashier's check of not less than five percent of the bid, should be forwarded to the Director of the Division of State Property.  A raise of exactly five percent may result in duplicate bids, thus a bid in excess of five percent is safer.  If the bid is raised, the matter will be held open an additional 10 days for further raises.  This procedure will continue until there are no further raises.

(4)           The Director of the Division of State Property reserves the right to reject any and all bids.  In the case of identical bids, the director will determine which bid shall be recommended for acceptance.  Any bid which is for less than the advertised minimum bid figure, not accompanied by a certified or cashier's check, or does not reach the Division of State Property by the prescribed time, will automatically be rejected.

(5)           All sales of state lands are subject to the approval of the Council of State, which, at its sole discretion, may reject or accept any bids or offers.

(6)           The State of North Carolina conveys land by deed without warranty or by quitclaim deed.  A description of the property is available at the Division of State Property.  All deeds, after approval by the Council of State, will be executed in the manner prescribed by Chapter 146 of the General Statutes of North Carolina.

(7)           The State of North Carolina makes no representations or warranties concerning the title to the property, or the boundaries of the property, or the uses to which it may be put.  Any prospective buyer is advised to make his own independent investigation of these matters.

(8)           All properties are sold for cash upon delivery of the deed.  Once a high bid has been accepted, the five percent deposit will be held as an earnest money deposit.  If the bidder subsequently fails, refuses or is unable to close the transaction at time of delivery of the deed, the state may retain the earnest money deposit as liquidated damages.

 

History Note:        Authority G.S. 143‑341(4); 146‑27; 146‑28; 146‑29;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

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.

 

01 NCAC 06B .0306          BY LEASE

Any State agency desiring to dispose of real property by lease will first contact the Division of State Property to ascertain there is no state need.  If it is determined that there is no state need, the agency may then dispose of such real property in keeping with the procedures noted in this Rule:

(1)           Where the annual rental does not exceed five thousand dollars ($5,000) or the term is not in excess of three years, disposition will be handled as follows:

(a)           When any agency desires to dispose of real property by lease, it shall file with the Department of Administration Form PO‑2 setting forth the facts relating to the proposed transaction.

(b)           Upon receipt of the prescribed application, the Division of State Property shall investigate all aspects of the proposed transaction.

(c)           If after investigation it is found by the Department of Administration that it is in the best interest of the state that the real property be disposed of by lease, proceedings for such disposition will then begin.

(d)           After the terms of said disposition have been agreed upon, the matter will be referred to:

(i)            The Office of the Attorney General for preparation of the lease;

(ii)           Secretary of Administration or designee for signature.

(2)           Where the annual rental is more than twelve thousand dollars ($12,000) or the term is in excess of three years, disposition will be handled as follows:

(a)           When any agency desires to dispose of real property by lease, it shall file with the Department of Administration Form PO‑2 setting forth the facts relating to the proposed transaction.

(b)           Upon receipt of the prescribed application, the Department of Administration shall proceed to investigate all aspects of the proposed transaction.

(c)           If after investigation it is found by the Department of Administration that it is in the best interest of the state that the real property be disposed of by lease, proceedings for such disposition will then begin.

(d)           After the terms of said disposition have been agreed upon, the matter will be presented to the Governor and Council of State for approval.

(e)           After approval by the Governor and Council of State, the matter will be transferred to the Office of the Attorney General to draw the lease.

(f)            After lessor executes the lease it will be forwarded to the Governor and Secretary of State for signature.

The Division of State Property may delegate authority to certain agencies as it deems warranted to enter into leases without prior approval of the Secretary of Administration.  Upon granting such authority in writing, the Property Office will include a list of rules that must be followed by the agency when handling such transactions.

 

History Note:        Authority 143‑341(4)f; Council of State Resolution;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. August 1, 1988; June 1, 1987; October 1, 1982.

 

01 NCAC 06B .0307          LEASES AT STATE FAIRGROUNDS AND WNC AG CENTER

The Department of Agriculture and Consumer Services, without prior approval of the Council of State, may enter into leases of buildings or land, and contracts for the furnishing of rides, shows and other related services on the State Fairgrounds and the Western North Carolina Agricultural Center, provided that the duration of each lease, rental agreement or contract shall not exceed 20 days per year for up to three years, plus up to 10 days before and after an event for move-in and move-out.  A lease, rental agreement or contract for more than one year, which provides for a payment to the State of more than one hundred thousand dollars ($100,000) per year, shall be awarded to the highest qualified bidder, as determined by the Department.

 

History Note:        Authority G.S. 143-341(4)d,f; Council of State Resolution of July 1, 1975;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. January 1, 2006.

 

01 NCAC 06B .0308          SEVERANCE OF TIMBER FROM THE LAND

The Department of Administration is authorized to declare timber on state lands which is endangered by insects, disease, wind, fire or ice be severed from the land and to authorize its public or private sale in the event the estimated value of the timber to be severed does not exceed two thousand dollars ($2,000) per location.  In all other instances, sales will be made in the usual manner with the approval of the Governor and Council of State and through the Division of Purchase and Contract of the Department of Administration.

 

History Note:        Authority G.S. 143‑341(4)f; 146‑35;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0309          SEVERANCE OF BUILDINGS

The Department of Administration is authorized to declare buildings and other real estate improvements severed from the land where the continued maintenance or renovation is not economically feasible in the determination of the Department of Administration or where the continued existence of the improvement is inconsistent with the immediate use of the property or where the improvement constitutes a hazard to public health or safety after the approval of the Governor and Council of State.

 

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

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. August 1, 1988.

 

SECTION .0400 ‑ ALLOCATIONS OF LAND BETWEEN DEPARTMENTS

 

01 NCAC 06B .0401          REQUESTS FOR ALLOCATION

01 NCAC 06B .0402          INVESTIGATION

01 NCAC 06B .0403          NEGOTIATION

01 NCAC 06B .0404          OBJECTIONS AND INVESTIGATION

01 NCAC 06B .0405          DECISION AS TO ALLOCATION

01 NCAC 06B .0406          APPEAL TO SECRETARY

01 NCAC 06B .0407          HEARING BY SECRETARY

01 NCAC 06B .0408          LAND OF COUNCIL OF STATE MEMBER DEPARTMENT

01 NCAC 06B .0409          VALUATION

01 NCAC 06B .0410          PAYMENT

 

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

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Repealed Eff. June 1, 1986.

 

SECTION .0500 ‑ EASEMENTS TO FILL

 

01 NCAC 06B .0501          EASEMENTS TO FILL

Easements to fill are required in all instances where the applicant proposes to raise lands above the normal high water mark of navigable waters by filling.  All such easements are granted in writing.

 

History Note:        Authority G.S. 143‑341(4); 146‑6;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. August 1, 1988.

 

01 NCAC 06B .0502          APPLICATION

The riparian owner must file written application with the Division of State Property.  An application for a state permit under G.S. 113‑229 will be treated as a written application when the Division of State Property determines an easement is required.

 

History Note:        Authority G.S. 143‑341(4); 146‑6;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0503          NOTICE TO ADJOINING RIPARIAN OWNERS

A copy of the application must be delivered to each owner of riparian property adjoining that of the applicant and each shall have 30 days from the date of service to object.  If an application has recently been delivered to these riparian owners for purposes of obtaining a state or federal permit, this requirement may be waived at the discretion of the Division of State Property.  All notifications to adjacent property owners must be made via certified mail if their addresses can be determined by reasonable inquiry, or by newspaper advertising as described in G.S. 113‑229(10), if their addresses cannot be determined.  Notification under G.S. 113‑229 will be deemed sufficient for the purposes of this Section.

 

History Note:        Authority G.S. 143‑341(4); 146‑6;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0504          OBJECTIONS

Objection by an adjacent owner does not necessarily result in easement denial; however, their reasonable objections must be considered by the Division of State Property.  Comments from all riparian owners and state and federal agencies will be considered by the Division of State Property in determining whether to recommend approval of granting an easement to fill.

 

History Note:        Authority G.S. 143‑341(4); 146‑6;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0505          LIMITATIONS ON FILL

The applicant may apply to fill only that area which lies immediately adjacent to his property.

 

History Note:        Authority G.S. 143‑341(4); 146‑6;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0506          ISSUANCE OF EASEMENT

 

History Note:        Authority G.S. 143‑341(4); 146‑6;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Repealed Eff. August 1, 1988.

 

01 NCAC 06B .0507          CONDITIONS OF EASEMENT

(a)  Easements shall remain in full‑force effect until December 31 of the next year subsequent to its execution.

(b)  An applicant must obtain a state permit from the Department of Natural Resources and Community Development under G.S. 113‑229 and a federal permit from the United States Corps of Engineers in addition to any easement granted.

 

History Note:        Authority G.S. 143‑341(4); 146‑6; 113‑229;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0508          TITLE TO LAND RAISED

(a)  In those cases where an individual is reclaiming land lost due to natural causes, the title to the land raised vests in the individual:

(1)           If the owner desires a quitclaim deed in order to clear his title in the area reclaimed, he may request same from the Department of Administration.

(2)           Individuals seeking to reclaim land lost due to natural causes must submit proof to the Division of State Property of the loss and the nature of that loss.

(b)  In all other cases, title vests in the state.  Upon completion of the filling operations, the applicant may request a quitclaim deed to the raised area.

 

History Note:        Authority G.S. 143‑341(4); 146‑6;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0509          REQUEST FOR QUITCLAIM DEED

Request for quitclaim deed to the filled area should be directed to the Division of State Property.  The request must be accompanied by a metes and bounds description of the filled area.  The granting of the quitclaim deed is subject to approval of the Governor and Council of State.

 

History Note:        Authority G.S. 143‑341(4); 146‑6;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. August 1, 1988.

 

01 NCAC 06B .0510          CONSIDERATION

Consideration for a quitclaim deed is fixed by the Department of Administration and in accordance with Section .0900 of this Subchapter and must be approved by the Governor and Council of State.

 

History Note:        Authority G.S. 143‑341(4); 146‑6;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. August 1, 1988.

 

01 NCAC 06B .0511          LIMITED TO APPLICANT'S PROPERTY LINES

In cases where the filled area is located adjacent to several riparian tracts under separate ownership, the filled area so conveyed shall be confined within extensions of applicant's property lines which extensions shall be perpendicular to the channel or main water course and the easement will be granted to all the owners involved.

 

History Note:        Authority G.S. 143‑341(4); 146‑6;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0512          FILLING BY LOCAL GOVERNMENTS

(a)  Easements to fill will be granted to local governments which are riparian owners, where the fill will serve the public interest and meets the requirements of .0506 of this Section.

(b)  Consideration for the quitclaim deed to such raised land shall be determined by the Department of Administration.

 

History Note:        Authority G.S. 146‑6; 143‑341(4);

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. June 1, 1987.

 

SECTION .0600 ‑ OTHER EASEMENTS OVER WATER

 

01 NCAC 06B .0601          EASEMENTS: LANDS COVERED BY WATER: RIPARIAN OWNERS

 

History Note:        Authority G.S. 143‑341(4); 146‑12;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Repealed Eff. July 1, 1988.

 

01 NCAC 06B .0602          APPLICATION AND COSTS

 

History Note:        Authority G.S. 143‑341(4); 146‑12;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Repealed Eff. August 1, 1988.

 

01 NCAC 06B .0603          PLAT MUST ACCOMPANY APPLICATION

A plat or drawing of the proposed project must accompany the application.

 

History Note:        Authority G.S. 143‑341(4); 146‑12;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0604          INVESTIGATION OF APPLICATION

The Division of State Property will investigate such requests and determine if the easement will be issued.  The Division of State Property will consider if all aspects of the public interest will best be served by the right of way, structure, or other privilege to be granted by the easement.

 

History Note:        Authority G.S. 143‑341(4); 146‑12;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0605          STRUCTURES

(a)  Riparian owners may construct piers or docks to gain access to navigable waters without an easement.  Such structures may include a weatherproof shelter if the use of the shelter is in keeping with riparian access.

(b)  Easements in lands covered by navigable waters are generally required for any structure built over navigable waters for purposes other than gaining riparian access.  The Department of Administration may exempt from this provision structures deemed minor in their impact upon the public trust waters of the state.  Examples of such exempt structures include boat ramps, duck blinds, small groins, and the like.

(c)  Easements in lands covered by navigable waters will be granted upon application to the Department of Administration for such purposes and upon such conditions as the Department of Administration may deem proper and in the public interest, with approval of the Governor and the Council of State.

 

History Note:        Authority G.S. 143‑341(4); 146‑12;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. June 1, 1987.

 

01 NCAC 06B .0606          EASEMENTS

 

History Note:        Authority G.S. 143‑341(4); 146‑11; 146‑12;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Repealed Eff. July 1, 1988.

 

01 NCAC 06B .0607          APPLICATION AND COST

(a)  Application must be filed with the Division of State Property of the Department of Administration for such easements.  A plat of the proposed project or other description deemed satisfactory by the Division of State Property must accompany the application.

(b)  The Department may, with the approval of the Governor and Council of State, establish consideration for easements.

 

History Note:        Authority G.S. 143‑341(4); 146‑11;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. August 1, 1988; June 1, 1987.

 

01 NCAC 06B .0608          INVESTIGATION OF APPLICATION

The Division of State Property will investigate requests for easements and determine if the easement will be issued.

 

History Note:        Authority G.S. 143‑341(4); 146‑11;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Amended Eff. July 1, 1988.

 

01 NCAC 06B .0609          OVERHEAD EASEMENTS ACROSS WATER

Overhead easements across water may contain a provision for relocation or cancellation upon 90 days notice by the Department of Administration at no cost to the state.

 

History Note:        Authority G.S. 143‑341(4); 146‑11;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0610          DECISION MAKING AND APPEAL PROCEDURES

It is the function of the Department of Administration to investigate all proposed easements in lands covered by water, and if it is determined that such easements are in the best interest of the public, to make recommendation to the Council of State that the easements be granted.  The initial decision is made by the Director of the Division of State Property.  If the applicant desires to appeal the decision of the director, an appeal in writing can be made to the Secretary of the Department of Administration pursuant to 1 NCAC 1B .0400.

 

History Note:        Authority G.S. 143‑341; 146‑12;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

SECTION .0700 ‑ ASSESSMENTS AGAINST LANDS OWNED BY THE STATE

 

01 NCAC 06B .0701          LOCAL IMPROVEMENTS BY MUNICIPALITIES OR COUNTIES

Any municipality or county proposing to make local improvements that will benefit lands owned by the State of North Carolina or any board, agency, commission, or institution thereof, may request the Secretary of the North Carolina Department of Administration to consent to special assessments against the property.  All such requests will be in letter form and addressed to the Director, Division of State Property, North Carolina Department of Administration, 116 West Jones Street, Raleigh, North Carolina  27611.

 

History Note:        Authority G.S. 160A‑221; 153A‑189;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0702          REQUEST MUST BE MADE PRIOR TO CONSTRUCTION

State participation in local improvement is authorized when the request for state participation is presented to the state prior to the time the improvements are made.  The state will not give favorable consideration to any request for state participation unless the request is presented to the Division of State Property prior to construction of the proposed improvement.

 

History Note:        Authority G.S. 160A‑221; 153A‑189;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0703          INVESTIGATION OF PROPOSAL

Upon receipt of a request from any municipality or county for state participation in proposed local improvements, the Department of Administration, Division of State Property, shall conduct an investigation for the purpose of determining whether state‑owned lands will be benefited by the proposed improvement.  If the Division of State Property finds that the proposed improvement will benefit lands owned by the state of any board, agency, commission or institution thereof, the Secretary of Administration shall authorize payment by the state of its pro rata share part of the cost of the proposed improvement.

 

History Note:        Authority G.S. 160A‑221; 153A‑189;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0704          REFUSAL AND APPEAL

If the Division of State Property finds that the proposed improvement will not benefit the state lands in question, consent for the special assessment against the state property will be denied.  If consent for the special assessment is denied by the Secretary of Administration, the municipality or county may appeal to the Council of State.  All appeals from decisions of the Secretary of Administration shall be forwarded to the Department of Administration for presentation to the Council of State.

 

History Note:        Authority G.S. 160A‑221; 153A‑189;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

SECTION .0800 ‑ RELOCATION AND FINANCIAL ASSISTANCE

 

01 NCAC 06B .0801          PURPOSE

The relocation assistance program has a threefold purpose as follows:

(1)           to provide prompt and equitable relocation assistance and payments to those persons displaced as a result of state land acquisition programs and to insure that a few individuals do not suffer disproportionate injuries due to state land acquisition projects;

(2)           to assure that every individual displaced will have or will have been offered a decent, safe and sanitary dwelling to move into upon being required to vacate the dwelling acquired;

(3)           to ensure continuing eligibility for federal funds to the state.

 

History Note:        Authority G.S. 133‑5 to 133‑17;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0802          PERSONS ENTITLED

All relocatees on state projects where they are involved and have not been displaced prior to January 1, 1972, will be entitled to relocation assistance.

 

History Note:        Authority G.S. 133‑7(3); 133‑14; 133‑17;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979.

 

01 NCAC 06B .0803          DEFINITIONS

01 NCAC 06B .0804          STANDARDS FOR DECENT: SAFE AND SANITARY HOUSING

01 NCAC 06B .0805          PERSONS TO WHOM PAYMENTS AND ASSISTANCE SHOULD BE OFFERED

01 NCAC 06B .0806          CONTACTS WITH RELOCATEES

01 NCAC 06B .0807          NOTICE TO FINANCIAL INSTITUTIONS

01 NCAC 06B .0808          NONTAXABLE PAYMENTS

01 NCAC 06B .0809          NINETY DAYS WRITTEN NOTICE

01 NCAC 06B .0810          APPEALS PROCEDURE

01 NCAC 06B .0811          DECENT: SAFE AND SANITARY HOUSING

01 NCAC 06B .0812          MOVING COST

01 NCAC 06B .0813          VACATING PROPERTY NOT ACQUIRED

01 NCAC 06B .0814          NUMBER OF MOVES

01 NCAC 06B .0815          OCCUPANTS NOT ELIGIBLE FOR MOVING COSTS

01 NCAC 06B .0816          DISTANCE OF MOVE

01 NCAC 06B .0817          MOVING PERSONAL PROPERTY

01 NCAC 06B .0818          ADVERTISING FOR BIDS

01 NCAC 06B .0819          PAYMENT OF MOVING BIDS

01 NCAC 06B .0820          DIRECT PAYMENT OF MOVING EXPENSE

01 NCAC 06B .0821          STATE CONTRACTS WITH MOVERS

01 NCAC 06B .0822          HARDSHIP CASE PAYMENTS

01 NCAC 06B .0823          STORAGE

01 NCAC 06B .0824          INSURANCE

01 NCAC 06B .0825          REMOVAL AND REINSTALLATION EXPENSES

01 NCAC 06B .0826          OWNER RETENTION

01 NCAC 06B .0827          TIME LIMIT FOR SUBMITTING MOVING COST PAYMENT

01 NCAC 06B .0828          VERIFICATION OF MOVE

01 NCAC 06B .0829          SPLIT OCCUPANCY

01 NCAC 06B .0830          EXCLUSIONS ON MOVING EXPENSES AND LOSSES

01 NCAC 06B .0831          NOTIFICATION OF MOVING COSTS AND AUTHORIZATION TO MOVE

01 NCAC 06B .0832          GUIDELINES FOR HOUSEHOLD MOVES

01 NCAC 06B .0833          ACTUAL COST MOVES

01 NCAC 06B .0834          TRANSPORTATION COST

01 NCAC 06B .0835          MOBILE HOMES

01 NCAC 06B .0836          MULTI‑FAMILY DWELLINGS

01 NCAC 06B .0837          MOVING PAYMENTS TO BUSINESSES

01 NCAC 06B .0838          MOVING PAYMENTS TO FARM OPERATORS

01 NCAC 06B .0839          MOVING PAYMENTS: NON‑PROFIT ORGANIZATIONS

01 NCAC 06B .0840          ADVERTISING SIGNS

01 NCAC 06B .0841          REPLACEMENT HOUSING PAYMENTS

01 NCAC 06B .0842          STATE INSPECTION FOR DECENT: SAFE AND SANITARY CONDITIONS

01 NCAC 06B .0843          APPLICATION FOR REPLACEMENT HOUSING PAYMENTS

01 NCAC 06B .0844          ADVANCED REPLACEMENT HOUSING PAYMENTS: CONDEMNATION CASES

01 NCAC 06B .0845          OWNERSHIP OF REPLACEMENT DWELLING PRIOR TO DISPLACEMENT

01 NCAC 06B .0846          PARTIAL TAKE

01 NCAC 06B .0847          MULTIPLE OCCUPANCY OF SAME DWELLING UNIT

01 NCAC 06B .0848          JOINT RESIDENTIAL AND BUSINESS USE

01 NCAC 06B .0849          DOCUMENTATION OF PURCHASE

01 NCAC 06B .0850          DISTANCE MOVED

01 NCAC 06B .0851          PAYMENTS: LONG TERM OWNER‑OCCUPANT WHO PURCHASES

01 NCAC 06B .0852          REPLACEMENT HOUSING PAYMENT

01 NCAC 06B .0853          OWNER'S RETENTION

01 NCAC 06B .0854          INCREASED INTEREST PAYMENTS

01 NCAC 06B .0855          INCIDENTAL EXPENSES

01 NCAC 06B .0856          RENT SUPPLEMENT PROGRAM

01 NCAC 06B .0857          PAYMENT: OWNER‑OCCUPANT FOR 180 DAYS OR MORE WHO RENTS

01 NCAC 06B .0858          PAYMENT TO OWNER‑OCCUPANT WHO IS SHORT‑TERM OWNER

01 NCAC 06B .0859          PAYMENT: TO OWNER‑OCCUPANT WHO IS SHORT TERM OWNER

01 NCAC 06B .0860          PAYMENT: TENANT‑OCCUPANT: NOT LESS THAN 90 DAYS WHO RENTS

01 NCAC 06B .0861          PAYMENT: TENANT‑OCCUPANT: 90 OR MORE DAYS WHO PURCHASES

01 NCAC 06B .0862          PAYMENT: TENANT OF A SLEEPING ROOM FOR 90 OR MORE DAYS

01 NCAC 06B .0863          REPLACEMENT HOUSING PAYMENTS MOBILE HOMES: GENERAL

01 NCAC 06B .0864          PAYMENTS: OWNER‑OCCUPANTS: MOBILE HOMES: 180 DAYS OR MORE

01 NCAC 06B .0865          PAYMENT: OWNER‑OCCUPANT OF MOBILE HOMES: SHORT TERM OWNER

01 NCAC 06B .0866          PAYMENT: TENANTS OF MOBILE HOMES FOR 90 DAYS OR MORE

01 NCAC 06B .0867          PAYMENTS TO OWNERS OF MOBILE HOMES WHO RENT SITES

 

History Note:        Authority G.S. 133‑7; 133‑14;

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Repealed Eff. June 1, 1986.

 

SECTION .0900 ‑ ESTIMATING VALUE OF REAL PROPERTY

 

01 NCAC 06B .0901          EMPLOYMENT OF APPRAISERS

01 NCAC 06B .0902          USE OF APPRAISAL

 

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

Eff. February 1, 1976;

Readopted Eff. February 27, 1979;

Repealed Eff. June 1, 1986.

 

SECTION .1000 ‑ SURVEYING

 

01 NCAC 06B .1001          EMPLOYMENT OF SURVEYORS

01 NCAC 06B .1002          REQUIREMENTS OF SURVEY

 

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

Eff. February 27, 1979;

Repealed Eff. June 1, 1986.

 

SECTION .1100 ‑ SPACE ASSIGNMENT

 

01 NCAC 06B .1101          SPACE ALLOCATION

01 NCAC 06B .1102          FACILITIES PLANNING

01 NCAC 06B .1103          SPACE UTILIZATION

01 NCAC 06B .1104          APPROVAL

 

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

Eff. February 27, 1979;

Repealed Eff. June 1, 1986.