GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2003

 

 

SESSION LAW 2004-94

SENATE BILL 1370

 

 

AN ACT to change the procedure for disposal of SURPLUS standard and substandard lots by the city of goldsboro and wayne county.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.(a)  Notwithstanding the provisions of Article 12 of Chapter 160A of the General Statutes, the following procedures may be utilized by the City of Goldsboro relative to the sale of surplus real property owned alone by the City or jointly owned by the City and by Wayne County.

SECTION 1.(b)  Substandard surplus real property may be disposed of under the following procedures:

(1)       The City Clerk will notify the Planning and Community Development Department of  the City's receipt of substandard surplus property.

(2)       The Planning and Community Development Department will identify all contiguous property owners.

(3)       The Planning and Community Development Department will determine if any of the adjoining parcels are substandard.

(4)       If only one of the adjacent lots is substandard, the owner of that lot will be deeded the City's surplus lot if the owner elects in writing to receive title to the property in return for one dollar ($1.00).

(5)       If more than one adjoining parcel to the surplus property is substandard, the Planning and Community Development Department will contact these property owners to determine their interest in receiving the substandard lot. If more than one adjoining property owner elects in writing to receive title to a portion of the substandard lot, the property will be divided in order to create two standard adjoining lots.

(6)       If dividing the substandard lot among adjoining property owners does not create two standard lots, ownership of the entire lot will be awarded to the owner of the adjoining lot with the greater degree of a substandard condition. If not accepted by this adjoining owner, then the lot will be awarded to the other adjoining owner.

(7)       If the property adjacent to a substandard lot is standard in nature, the property will be divided among the adjoining property owners. If only one adjoining standard property owner shows interest in the standard lot, full property ownership will be awarded to this owner.

SECTION 1.(c)  Standard surplus real property may be disposed of under the following procedures:

(1)       The City Clerk will notify the Planning and Community Development Department of the City's receipt of standard real surplus property.

(2)       The Planning and Community Development Department will identify all contiguous property owners.

(3)       The Planning and Community Development Department will determine if any of the adjoining parcels are substandard.

(4)       If a substandard lot adjoins a standard City surplus lot and the property owner agrees to pay fifty percent (50%) of the tax value of the surplus lot, this lot will be sold to the owner of the substandard lot at this price without soliciting further additional bids.

(5)       If more than one adjoining property is substandard and both property owners are willing to share in the minimum asking price of fifty percent (50%) of the total property tax value of the standard lot, the lot in question will then be subdivided between the two adjoining property owners of substandard lots without soliciting further bids provided this division creates two standard lots. If not accepted by this adjoining owner, then the lot will be awarded to the other adjoining owner.

(6)       When all adjacent lots are standard in nature, the Finance Department will conduct the sale of the standard surplus lot. Standard surplus lots will be offered for sale in accordance with the provisions of G.S. 160A-266, provided however, the minimum sales price will be at least fifty percent (50%) of the property's tax value. No bid for the lot under fifty percent (50%) of the property's tax value may be accepted by the City council.

SECTION 2.  When selling standard properties, the City of Goldsboro will at a minimum:

(1)       Notify the adjacent property owners and individuals and entities who have bid on surplus property in the past as well as all local real estate firms.

(2)       Place upon the property a "For Sale" sign.

(3)       Place a nonlegal advertisement in a local newspaper.

(4)       Arrange for the broadcast of at least one public service announcement on a local radio station and PACC 10 TV.

SECTION 3.  The City of Goldsboro will contact the County of Wayne for its concurrence prior to beginning the sale of substandard and standard lots which are jointly owned by both governmental entities.

SECTION 4.  This act becomes effective July 1, 2004.

In the General Assembly read three times and ratified this the 13th day of July, 2004.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives