NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 317
HOUSE BILL 767

AN ACT RELATING TO LAND SALES BY THE ASHEVILLE CITY COUNCIL AND THE ASHEVILLE HOUSING AUTHORITY.

The General Assembly of North Carolina enacts:

Section 1.  In addition to the authority granted by Article 12 of Chapter 160A of the General Statutes, the City of Asheville is authorized to dispose of real property in accordance with the provisions of Section 2 or 3 of this act.
Sec.2. The City Council may convey at private sale to a prospective developer particular properties in excess of five thousand dollars ($5,000) in valuation where it finds that the proposed developer is the only known available, qualified and willing developer for the contemplated use of the property which may have been specified or designated by council, provided that one or more of the following findings are made and verified after a public hearing, notice of which shall be given once a week for two successive calendar weeks in a newspaper published in the municipality, said notice to be published the first time not less than fifteen (15) days prior to the date fixed for said hearing:
(a)	that the proposed use or development is reasonably necessary in order to assure development which will have the desired beneficial effect upon neighboring property, the project area, and the community as a whole;
(b)	that the proposed use or development will assure that the property will not remain unused for an unduly long period and will result in a return to the local ad valorem tax rolls at a substantially greater assessed valuation and at an earlier date than uses or redevelopment obtained by other methods of disposition.
Conveyances made in this manner shall be for such consideration and conditions as may be agreed upon by the council and the developer which shall not be less than the fair, actual value of the property, as determined by the council, based on competent evidence.
Sec. 3. (a)  After a public hearing advertised in accordance with the provisions of G.S. 160A-364, the City Council may determine that in the best interest of the municipality certain property should be developed for one purpose only, said purpose and terms of sale or conveyance being designated by City Council. The City Council shall advertise such property and invite redevelopment proposals by public notice, by publication once a week for two consecutive weeks in a newspaper having general circulation in the municipality, and shall make available all pertinent information to any person interested in undertaking a purchase of such property and the redevelopment of such property or any part thereof. Any property sold in accordance with this subsection shall be sold by negotiated offer, advertisement, and upset bid for cash at a price not less than the fair market value thereof as fixed by the City Council. All conveyances made under the authority of this subsection shall contain restrictive covenants limiting the use of property conveyed to the designated purpose for which the conveyance is made.
(b)	In addition to the provisions of the preceding paragraph the City Council may reject the highest responsible bid and accept a lesser bid where it makes the following specific findings:
The general public welfare and proper development of the community will be better served by the bid which was accepted than by the higher bid or bids which were rejected, for one or more of the following reasons:
(1)	The proposed use or development of the land under the successful bid will result in an assessed valuation for ad valorem taxation greater than that of the use or uses proposed by the higher bidders;
(2)	The proposed use or development of the land under the successful bid will have a substantially greater beneficial effect upon neighboring property, the project area, and the community as a whole than the use or uses proposed by the higher bidder and will tend to induce greater investment in development of other property in the area.
Sec. 4. The Asheville Housing Authority shall be authorized to sell or otherwise dispose of property within redevelopment areas designated by the City Council of the City of Asheville under the provisions and conditions set forth in Sections 2 and 3 herein, provided that final approval of the sale and/or conveyance is approved by the City Council of the City of Asheville.
Sec. 5.  This act shall apply only to the City of Asheville.
Sec. 6.  This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 10th day of April, 1979.