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§ 160A-274. Sale, lease, exchange and joint use of
<br /> governmental property.
<br />
<br /> (a) For the purposes of this section, "governmental unit" means a
<br />city, county, school administrative unit, sanitary district, fire dis-
<br />trict, the State, or any other public district, authority, department,
<br />agency, board, commission, or institution.
<br /> (b) Any governmental unit may, upon such terms and conditions
<br />as it deems wise, with or without consideration, exchange with,
<br />lease to, lease from, sell to, purchase from, or enter into agreements
<br />regarding the joint use by any other governmental unit of any in-
<br />terest in real or personal property that it may own.
<br /> (c) Action under this section shall be taken by the governing
<br />body of the governmental unit. Action hereunder by any State
<br />agency, except the Department of Transportation, shall be taken
<br />only after approval by the Department of Administration. Action
<br />with regard to State property under the control of the Department
<br />of Transportation shall be taken by the Department of Transporta-
<br />tion or its duly authorized delegate. Provided, any county board of
<br />education or board of education for any city administrative unit
<br />may, upon such terms and conditions as it deems wise, lease to
<br />another governmental unit for one dollar ($1.00) per year any real
<br />proper~y owned or held by the board which has been determined by
<br />the board to be unnecessary or undesirable for public school put-
<br />poses. (1969, c. 806; 1971, c. 698, s. 1; 1973, c. 507, s. 5; 1975, c. 455;
<br />c. 664, s. 9; c. 879, s. 46; 1977, c. 464, s. 34.)
<br />
<br /> Local Modification. -- Cabarrus:
<br />1991 (Reg. Sess., 1992), c. 848, ss. 2, 3;
<br />Carteret: 1991 (Reg. Sess., 1992), c.
<br />1001, s. 2: Duplin: 1991 (Reg. Sess.,
<br />1992), c. 1001. s. 2; Iredell: 1991 (Reg.
<br />Sess., 1992}, c. 1001. s. 2; New Hanover:
<br />1977. c. 97; 1981, c. 437; Rowan: 1991
<br />(Reg. Sess., 1992). c. 848. ss. 2, 3; S~anly:
<br />1991 (Reg. Sess., 1992L c. 848, ss. 2, 3;
<br />Hertford County Board of Education:
<br />1985, c. 123.
<br /> Cross References. -- As to the sale,
<br />
<br />exchange or lease of school property, see
<br />§ 115C-515. For provisions regarding
<br />Ashe. Avery. Brunswick. Chowan. For-
<br />syth. Harnett. Haywood. Lee. Macon,
<br />Nash. Orange. Pasquotank. Richmond
<br />and Sampson Counties and local bom'ds
<br />of education for school administrative
<br />units in or for Ashe. Avery, Brunswick,
<br />Chowan, For~yth, Harnett, Haywo~i.
<br />Lee, Macon. Nash, Orange, and
<br />Pasquotank Counties, see the editor's
<br />no~e under § I53A-158.1.
<br />
<br />OPINIONS OF ATTORNEY GENERAL
<br />
<br /> PrOcedural Requirements. -- In the
<br />sale, lease, or exchange of real or per-
<br />sonal property by a city or county pursu-
<br />ant to this section, the procedural re-
<br />quirements of Article 12, Chapter 160A
<br />must be followed. See opinion of Attor-
<br />ney General to Robert C. Cogswell, Jr.,
<br />Fayettoville City Attorney, 49 N.C.A.G.
<br />91 (1980~.
<br />
<br /> Town had authority to lease land
<br />to town ABC Board on which to build
<br />a building, unless some contrary
<br />sion of the town's charter controlled. See
<br />opinion of Attorney General to Mr. W.F.
<br />Southern, Mayor Pro Tempore. Town of
<br />Walnut Cove, 40 N.C.A.O. 483 (1969),
<br />issued under former § 160-61.2.
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