19A NCAC 02B .0143      THE SALE OF SURPLUS LANDS

(a)  Remainder properties acquired in connection with acquisition of right of way shall be disposed of as follows:

(1)           The sale of all residues will be by public sale except as hereinafter specified.

(2)           Residue properties sold by public sale are to be sold by either sealed bid, or by auction at the election of the Right of Way Branch.  The sale of such properties must be advertised by publication in a newspaper having general circulation in the county in which the property is situated.  After opening bids or closing of auction, no upset bids will be considered.  The high bid shall be presented to the Board of Transportation at its next regular meeting after the date of the sale for rejection or acceptance. The Department of Transportation may reject all bids if the Department does not consider the bids to be in accord with the appraised value as determined by the Department.

(3)           Those residue properties located adjacent to controlled access projects that are landlocked may be sold to the adjoining property owner by negotiation rather than public sale for a consideration not less than the appraised value of the residue.

(4)           Residue properties may be sold to state agencies and institutions and other governmental units by negotiation rather than public sale for a consideration not less than the appraised value of the residue.

(5)           Surplus property acquired in connection with highway purposes may be used for the purpose of exchange with a public utility company in part or in full consideration for property to be acquired for highway purposes from the public utility company.  Such exchanges shall be based on the appraised values of the surplus property and the property to be acquired for highway purposes.  Residue property acquired in connection with right of way for a project may be used for the purpose of exchange in part or full consideration for right of way being acquired from another property owner on the project.  Such exchanges shall be based on the appraised values of the residue property and the right of way to be acquired.

(6)           Residues which have an area of one‑half acre or less and a value of one thousand dollars ($1,000) or less and the highest and best use is for assemblage with adjacent property may be sold without advertising by negotiations to an adjoining owner.  The Property Management Unit together with an Area Appraiser will determine the value of the residue based on its after value as indicated in the original appraisal, sales of similar properties and sales of other residues, if any, in the area.  After a value has been established, the State Property Manager may negotiate with the adjoining owners concerning the disposal of each residue.  The decision of the State Property Manager to accept and complete a sale is final.

(7)           The Manager of Right of Way shall dispose of residues with appraised values of less than one hundred dollars ($100.00) by executing and delivering on behalf of the Department of Transportation, a quit claim deed to the buyers of such residues, after the transactions are first approved by the Board of Transportation.  Conveyances of residues with appraised values of less than one hundred dollars ($100.00) shall not require the approval of the Governor and Council of State.

(8)           Residue properties or portions of residue properties acquired in connection with right of way for a project and located outside the right of way for that project may be sold by negotiation rather than by public sale to property owners and tenants who are displaced by the project for relocation of the displacee.  Such sales shall be based upon the appraised value of the residue properties.

(b)  All sales of surplus lands, including but not limited to surplus rights of way, residues, and uneconomic remants, require the approval of the Board of Transportation, the Council of State, and the Governor.

 

History Note:        Authority G.S. 136‑18(2); 136‑19; 143B‑350(f),(g);

Eff. July 1, 1978;

Amended Eff. November 1, 1993; October 1, 1991; February 1, 1988; November 1, 1982.