NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION

CHAPTER 1129
SENATE BILL 494

AN ACT TO AUTHORIZE MUNICIPALITIES AND COUNTIES TO ACQUIRE, THROUGH PURCHASE, CONDEMNATION, OR OTHERWISE, INTERESTS IN REAL PROPERTY FOR THE PURPOSE OF PRESERVING OPEN SPACES AND AREAS FOR PUBLIC USE AND ENJOYMENT.

The General Assembly of North Carolina do enact:

Section 1. Intent. It is the intent of the General Assembly in enacting this Act to provide a means whereby any county or municipality may acquire, by purchase, gift, grant, bequest, devise, lease, or otherwise, and through the expenditure of public funds, the fee or any lesser interest or right in real property in order to preserve, through limitation of their future use, open spaces and areas for public use and enjoyment.
Sec. 2. Finding of Necessity. The General Assembly finds that the rapid growth and spread of urban development in the State is encroaching upon, or eliminating, many open areas and spaces of varied size and character, including many having significant scenic or esthetic values, which areas and spaces if preserved and maintained in their present open state would constitute important physical, social, esthetic, or economic assets to existing and impending urban development. The General Assembly declared that it is necessary for sound and proper urban development and in the public interest of the people of this State for any county or municipality to expend or advance public funds for, or to accept by, purchase, gift, grant, bequest, devise, lease, or otherwise, of the fee or any lesser interest or right in real property so as to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve open spaces and areas within their respective zoning jurisdictions.
The General Assembly declares that the acquisition of interests or rights in real property for the preservation of open spaces and areas constitutes a public purpose for which public funds may be expended or advanced.
Sec. 3. Grant of Power. Any county or municipality in the State may acquire by purchase, gift, grant, bequest, devise, lease, or otherwise, the fee or any lesser interest, development right, easement, covenant, or other contractual right of or to real property within its respective zoning jurisdiction, where it finds such acquisition necessary to achieve the purposes of this Act. Any county or municipality may also acquire the fee to any such property for the purpose of conveying or leasing said property back to its original owner or other person under such covenants or other contractual arrangements as will limit the future use of the property in accordance with the purposes of this Act; provided, that where such action is taken, the property may be conveyed back to its original owner but to no other person by private sale.
Sec. 4. Any county or municipal governing body may enter into any agreement with any other county or municipal governing body or bodies for the purpose of jointly exercising the authority granted by this Act.
Sec. 5. Any county or municipal governing body, in order to exercise the authority granted by this Act, may:
(a)	Enter into and carry out contracts with the State or Federal government or any agencies thereof under which said government or agencies grant financial or other assistance to the county or municipality,
(b)	Accept such assistance or funds as may be granted by the State or Federal government with or without such a contract,
(c)	Agree to and comply with any reasonable conditions which are imposed upon such grants,
(d)	Make expenditures from any funds so granted.
Sec. 6. Appropriations. For the purposes set forth in this Act, any county or municipal governing body may appropriate any surplus or nontax funds, and in addition may make appropriations and levy annually taxes for the payment of the same as a special purpose, in addition to any allowed by the Constitution. Provided, that no tax shall be levied for the purposes of this Act unless it shall have first been approved by the qualified voters of the county or municipality in a special election called by the governing body for such purpose.
Sec. 7. Definitions. For the purposes of this Act an "open space" or "open area" is any space or area (1) characterized by great natural scenic beauty or (2) whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development, or would maintain or enhance the conservation of natural or scenic resources.
Sec. 7½. This Act shall not apply to Pender County, Alamance County, Forsyth County, Rockingham County, Duplin County, Gates County, Nash County, Warren County, Hoke County, Columbus County and Craven County.
Sec. 8. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed to the extent of such conflict.
Sec. 9. This Act shall become effective upon its ratification.
In the General Assembly read three times and ratified, this the 24th day of June, 1963.