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Mr. Archie Y. Bernhardt <br />Page Two <br />January 5, 1983 <br /> <br /> 5. To do other acts necessary or incidental to the foregoing specific <br />purposes. <br /> <br /> ]n my opinion, ic is not necessary that the corporation continue to <br />perform ~1! of the purposes for which ~t was created; ~[ is sufficient that the <br />corporation continue to engage in activities which are intended in good faith <br />co further one or more of the purposes for whfc[~ Jt was created. <br /> <br /> If, in the judgmeat of the Cabarrus County Board of Comm~ssioners~ the <br />cor~xoration ts not actively en~aged i~; carrying out the purposes for which it <br />was crea~ed, the appropriate action would be for the Board to institute an <br />action in the civil courts under the Declaratory Judgment Act seeking 9 <br />jt~dgment of the court that the occurrence stared in the deed has happened <br />(i.e., that the corporation has ceased to function for the purposes for which <br />it was created)~ that title to the land has reverted re the county; and that <br />the cor~rarion be ejected from the property. Of course, a formal resolution <br />of the Board authorizing the institution of such a suit would be necessary. <br />Evea though a fee simple determinable estate does not reqt:ire any action on the <br />part of the grantor to regain title, an action is necessary to eject the <br />corporation from the property if it disputes the matter and to remove the cloud <br />on the grantor's title that arises from the recorded deed. <br /> <br /> You also ask whether the 1955 conveyance might be invalid because it was <br />concluded by private negotiation between the county and ~he corporation. <br />Before ]973, counties were auti~orlzed by G.S. i53-9(I~) to "sell or lease any <br />real property of the county and to make deeds or leases for the same to any <br />Furchaser or lessee." Ih~s staLu~e ~id not impos~ zey spec~fic procedure for <br />sale of real property nor d~d i~ require t~a: the county receive cash <br /> <br /> -: <br /> <br /> <br />