GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-503
HOUSE BILL 1196
an ACT to Dedicate and accept certain properties as part of the state nature and historic preserve and to remove certain lands from the state nature and historic preserve.
Whereas, Section 5 of Article XIV of the North Carolina Constitution authorizes the dedication of State and local government properties as part of the State Nature and Historic Preserve upon acceptance by a law enacted by a three-fifths vote of the members of each house of the General Assembly and provides for removal of properties from the State Nature and Historic Preserve by a law enacted by a three-fifths vote of the members of each house of the General Assembly; and
Whereas, the General Assembly enacted the State Nature and Historic Preserve Dedication Act, Chapter 443 of the 1973 Session Laws, to prescribe the conditions and procedures under which properties may be specifically dedicated for the purposes set out in Section 5 of Article XIV of the North Carolina Constitution; and
Whereas, more than 18,000 acres have been added to the State Parks System since the last dedication and acceptance of properties as part of the State Nature and Historic Preserve pursuant to a petition of the Council of State dated May 1, 2007; and
Whereas, in accordance with G.S. 143-260.8, on May 5, 2009, the Council of State voted to petition the General Assembly to enact a law pursuant to Section 5 of Article XIV of the North Carolina Constitution to dedicate and accept properties added to the State Parks System and designated in the petition for inclusion as parts of the State Nature and Historic Preserve; and
Whereas, as a part of its petition of May 5, 2009, the Council of State also requested the General Assembly to remove certain properties from the State Nature and Historic Preserve; and
Whereas, G.S. 113-44.14 provides for additions to, and deletions from, the State Parks System upon authorization by the General Assembly; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143-260.10 reads as rewritten:
"§ 143-260.10. Components of State Nature and Historic Preserve.
The following are components of the State Nature and Historic Preserve accepted by the North Carolina General Assembly pursuant to G.S. 143-260.8:
(1) All lands and
waters within the boundaries of the following units of the State Parks System
as of 1 May 2007:May 5, 2009: Baldhead Island State Natural Area,
Bay Tree Lake State Park, Bear Paw State Natural Area, Beech Creek Bog
State Natural Area, Bullhead Mountain State Natural Area, Bushy Lake State
Natural Area, Carolina Beach State Park, Carvers Creek State Park, Chimney
Rock State Park, Cliffs of the Neuse State Park, Chowan Swamp State Natural
Area, Deep River State Trail, Dismal Swamp State Park, Elk Knob State
Park, Fort Fisher State Recreation Area, Fort Macon State Park, Goose Creek
State Park, Gorges State Park, Haw River State Park, Hammocks Beach State Park,
Jones Lake State Park, Lake Norman State Park, Lea Island State Natural Area,
Lower Haw River State Natural Area, Lumber River State Park, Mayo River State
Park, Medoc Mountain State Park, Merchants Millpond State Park, Mitchells
Millpond State Natural Area, Mount Mitchell State Park, Mountain Bog State
Natural Area, Occoneechee Mountain State Natural Area, Pettigrew State
Park, Pilot Mountain State Park, Pineola Bog State Natural Area, Raven
Rock State Park, Run Hill State Natural Area, Sandy Run Savannas State Natural
Area, Singletary Lake State Park, Sugar Mountain State Natural Area, Theodore
Roosevelt State Natural Area, and Weymouth Woods-Sandhills Nature Preserve.
(2) All lands and
waters within the boundaries of William B. Umstead State Park as of 1 May
2007 May 5, 2009, with the exception of Tract Number 65, containing
22.93140 acres as shown on a survey prepared by John S. Lawrence (RLS) and
Bennie R. Smith (RLS), entitled "Property of The State of North Carolina
William B. Umstead State Park", dated January 14, 1977 and filed in the
State Property Office, which was removed from the State Nature and Historic
Preserve by Chapter 450, Section 1 of the 1985 Session Laws. The tract excluded
from the State Nature and Historic Preserve under this subdivision is deleted
from the State Parks System in accordance with G.S. 113-44.14. The State
of North Carolina may only exchange this land for other land for the expansion
of William B. Umstead State Park or sell and use the proceeds for that purpose.
The State of North Carolina may not otherwise sell or exchange this land.
(3) Repealed by Session Laws 1999-268, s. 2.
(4) All lands within
the boundaries of Morrow Mountain State Park as of 1 May 2007 May 5,
2009, with the exception of the following tract: That certain tract or
parcel of land at Morrow Mountain State Park in Stanly County, North Albemarle
Township, containing 0.303 acres, more or less, as surveyed and platted by
Thomas W. Harris R.L.S., on a map dated August 27, 1988, and filed in the State
Property Office, reference to which is hereby made for a more complete
description.
(5) Repealed by Session Laws 1999-268, s. 2.
(6) All land within
the boundaries of Crowders Mountain State Park as of 1 May 2007May 5,
2009, with the exception of the following tracts. The tracts excluded from
the State Nature and Historic Preserve under this subdivision are deleted from
the State Parks System in accordance with G.S. 113-44.14. The State of
North Carolina may only exchange this land for other land for the expansion of
Crowders Mountain State Park or sell this land and use the proceeds for that
purpose. The State may not otherwise sell or exchange this land.
a. The portion of that certain tract or parcel of land at Crowders Mountain State Park in Gaston County, Crowders Mountain Township, described in Deed Book 1939, page 800, and containing 757.28 square feet and as shown in a survey by Tanner and McConnaughey, P.A. dated July 22, 1988 and filed in the State Property Office.
b. The portion of that certain tract or parcel of land at Crowders Mountain State Park in Gaston County, east of and including the right-of-way along and across Old Peach Orchard Road, as shown in a survey by the City of Gastonia, File No. 400-194, dated November 23, 1998, and filed in the State Property Office.
c. The portion of that certain tract or parcel of land at Crowders Mountain State Park in Cleveland County, described in Deed Book 1286, Page No. 85, located on the north side of SR 2245 (Bethlehem Road) and containing 14,964 square feet as shown on the survey entitled "Survey for Crowders Mountain State Park, Deed Book 1103-107, Township 4 Kings Mountain, Cleveland County, N.C." by David W. Dickson, P.A. dated February 28, 2008.
(7) All lands owned
in fee simple by the State within the boundaries of New River State Park as of
1 May 2007. May 5, 2009.
(8) All lands and
waters within the boundaries of Stone Mountain State Park as of 1 May 2007 May
5, 2009, with the exception of the following tracts: The portion of that
certain tract or parcel of land at Stone Mountain State Park in Wilkes County,
Traphill Township, described as parcel 33-02 in Deed Book 633-193, and more
particularly described as all of the land in this parcel lying to the west of
the eastern edge of the Air Bellows Road, as shown on the National Park Service
Land Status Map 33 dated March 24, 1981 and filed in the State Property Office,
containing approximately 72 acres. The tract excluded from the State Nature and
Historic Preserve under this subdivision is deleted from the State Parks System
in accordance with G.S. 113-44.14.
(9) All lands and
waters located within the boundaries of the following State Historic Sites as
of 1 May 2007:May 5, 2009: Alamance Battleground, Charles B.
Aycock Birthplace, Historic Bath, Bennett Place, Bentonville Battleground,
Brunswick Town/Fort Anderson, C.S.S. Neuse and Governor Caswell Memorial,
Charlotte Hawkins Brown Memorial, Duke Homestead, Historic Edenton, Fort Dobbs,
Fort Fisher, Historic Halifax, Horne Creek Living Historical Farm, House in the
Horseshoe, North Carolina Transportation Museum, James K. Polk Memorial, Reed
Gold Mine, Somerset Place, Stagville, State Capitol, Town Creek Indian Mound,
Tryon Palace Historic Sites & Gardens, Zebulon B. Vance Birthplace, and
Thomas Wolfe Memorial.
(10), (11) Repealed by Session Laws 2001-217, s. 2, effective June 15, 2001.
(12) All lands and waters
located within the boundaries of Hanging Rock State Park as of 1 May 2007 May
5, 2009, with the exception of the following tract: The portion of that
tract or property at Hanging Rock State Park in Stokes County, Danbury
Township, described in Deed Book 360, Page 160, for a 30-foot wide right-of-way
beginning approximately 183 feet south of SR 1001 and extending in a southerly
direction approximately 1,479 feet to the southwest corner of the Bobby Joe
Lankford tract and more particularly shown on a survey entitled, "J. Spot
Taylor Heirs Survey, Danbury Township, Stokes County, N.C.", by Grinski
Surveying Company, dated June 1985, and filed in the State Property Office. The
tract excluded from the State Nature and Historic Preserve under this
subdivision is deleted from the State Parks System in accordance with G.S. 113-44.14.
(13) All lands and waters
located within the boundaries of South Mountains State Park as of 1 May 2007
May 5, 2009, with the exception of the following tracts. The tracts
excluded from the State Nature and Historic Preserve under this subdivision are
deleted from the State Parks System in accordance with G.S. 113-44.14.
a., b. Repealed by Session Laws 2007-307, s. 1, effective July 28, 2007.
c. The portions of land at South Mountains State Park that lie south of the centerline of the CCC road as shown on the drawing entitled "Land Trade between South Mountains State Park and Adjacent Game Lands along CCC Road" prepared by the Division of Parks and Recreation, dated March 15, 1999, and filed in the State Property Office and that lie within: (i) the tract or property in Burke County, Lower Fork Township, described in Deed Book 495, Page 501; (ii) the tract or property in Burke County, Lower Fork and Upper Fork Townships, described in Deed Book 715, Page 719; or, (iii) within the tracts or property in Burke County, Upper Fork Township, described in Deed Book 860, Page 341, and Deed Book 884, Page 1640. The State of North Carolina may only exchange this land for other land for the expansion of South Mountains State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
d. Repealed by Session Laws 2007-307, s. 1, effective July 28, 2007.
(14) Repealed by Session Laws 2003-234, s. 1, effective June 19, 2003.
(15) All lands and waters within
the boundaries of Jockey's Ridge State Park as of 1 May 2007 May 5,
2009, with the exception of the following tracts: The portion of those
certain tracts or parcels of land at Jockey's Ridge State Park in Dare County,
Nags Head Township, described in Deed Book 227, Page 499, and Deed Book 227,
Page 501, and containing 33,901 square feet as shown on the survey prepared by
Styons Surveying Services entitled "Raw Water Well Site 13 Jockey's Ridge
State Park" dated March 7, 2001, and filed in the State Property Office;
the portion of that certain tract or parcel of land at Jockey's Ridge State
Park in Dare County, Nags Head Township, described in Deed Book 222, Page 726,
and containing 42,909 square feet as shown on the survey prepared by Styons
Surveying Services entitled "Raw Water Well Site 14 Jockey's Ridge State
Park" dated March 7, 2001, and filed in the State Property Office; and the
portion of that certain tract or parcel of land at Jockey's Ridge State Park in
Dare County, Nags Head Township, described in Deed Book 224, Page 790, and Deed
Book 224, Page 794, and containing 34,471 square feet as shown on the survey
prepared by Styons Surveying Services entitled "Raw Water Well Site 15
Jockey's Ridge State Park" dated March 7, 2001, and filed in the State
Property Office.
(16) All lands and waters
located within the boundaries of Mount Jefferson State Natural Area as of 1
May 2007. May 5, 2009. With respect to the communications tower site
on the top of Mount Jefferson and located on that certain tract or parcel of
land at Mount Jefferson State Natural Area in Ashe County, West Jefferson
Township, described in Deed Book F-3, Page 94, the State may provide space at
the communications tower site to State public safety and emergency management
agencies for the placement of antennas, repeaters, and other communications
devices for public communications purposes. Notwithstanding G.S. 146-29.2,
the State may lease space at the communications tower site to local governments
in Ashe County for the placement of antennas, repeaters, and other
communications devices for public communications purposes. State agencies and
local governments that are authorized to place communications devices at the
communications tower site pursuant to this subdivision may also locate at or
near the communications tower site communications equipment that is necessary
for the proper operation of the communications devices. The use of the
communications tower site pursuant to this subdivision is authorized by the
General Assembly as a purpose other than the public purposes specified in
Article XIV, Section 5, of the North Carolina Constitution, Article 25B of
Chapter 143 of the General Statutes, and Article 2C of Chapter 113 of the
General Statutes.
(17) All lands and waters within
the Eno River State Park as of 1 May 2007 May 5, 2009, with the
exception of the following tract:tracts:
a. The portion of that certain tract or parcel of land at Eno River State Park in Durham County, Durham Outside Township, described in Deed Book 435, Page 673, and Plat Book 87, Page 66, containing 11,000 square feet and being the portion of Lot No. 2 shown as the existing scenic easement hereby removed on the drawing prepared by Sear-Brown entitled "Recombination Plat Eno Forest Subdivision" bearing the preparer's file name 00-208-07.dwg, and filed with State Property Office. The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System pursuant to G.S. 113-44.14. The State of North Carolina may only exchange this land for other land for the expansion of Eno River State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
b. The portion of that certain tract or parcel of land at Eno River State Park in Orange County, described in Deed Book 3878, Page 461, and Plat Book 98, Page 11, containing 5,313 square feet and required for the permanent easements for bridge replacement project B-4216 on SR 1002 (St. Mary's Road), as shown in the drawing entitled "Preliminary Plans, Project Reference No. B-4216" prepared for North Carolina Department of Transportation by Mulkey Engineers and Consultants dated March 10, 2009, and filed with the State Property Office. The tracts excluded from the State Nature and Historic Preserve under this section are deleted from the State Parks System pursuant to G.S. 113-44.14. The State of North Carolina may only exchange this land for other land for the expansion of Eno River State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
(18) All land and waters within
the boundaries of Hemlock Bluffs State Natural Area as of 1 May 2007,May
5, 2009, with the exception of the following tracts: The portion of that
certain tract or parcel of land at Hemlock Bluffs State Natural Area in Wake
County, Swift Creek Township, described in Deed Book 2461, Page 037, containing
2,025 square feet and being the portion of this tract shown as proposed R/W on
the drawing prepared by Titan Atlantic Group entitled "Right of Way
Acquisition Map for Town of Cary Widening of Kildaire Farm Road (SR 1300) from
Autumgate Drive to Palace Green" sheet 1 of 3 bearing the preparer's file
name Town of Cary Case File No. TOC 01-37, dated 26 September 2003, and filed
with the State Property Office; and the portion of those certain tracts or
parcels of land at Hemlock Bluffs State Natural Area in Wake County, Swift
Creek Township, described in Deed Book 4670, Page 420, containing 24,092 square
feet and being the portion of these tracts shown as proposed R/W on the drawing
prepared by Titan Atlantic Group entitled "Right of Way Acquisition Map
for Town of Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive
to Palace Green" sheet 3 of 3 bearing the preparer's file name Town of
Cary Case File No. TOC 01-37, dated 26 September 2003, and filed with the State
Property Office. The tracts excluded from the State Nature and Historic
Preserve under this subdivision are deleted from the State Parks System
pursuant to G.S. 113-44.14. The State of North Carolina may only exchange
this land for other land for the expansion of Hemlock Bluffs State Natural Area
or sell this land and use the proceeds for that purpose. The State may not
otherwise sell or exchange this land.
(19) All lands and waters within
the boundaries of Lake James State Park as of 1 May 2007,May 5, 2009,
with the exception of the following tracts:
a. The portion of that certain tract or parcel of land at Lake James State Park containing 13.85 acres, and being 100 feet to the east and 150 feet to the west of a centerline shown on a survey by Witherspoon Surveying PLLC, dated February 9, 2007, and filed in the State Property Office. The State of North Carolina may grant a temporary easement to Duke Energy Corporation across this tract to facilitate the Catawba Dam Embankment Seismic Stability Improvements Project. The grant of the easement within Lake James State Park to Duke Energy Corporation under this sub-subdivision constitutes authorization by the General Assembly that the described tract of land may be used for a purpose other than the public purposes specified in Article XIV, Section 5, of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Article 2C of Chapter 113 of the General Statutes. The State of North Carolina may use the proceeds from the easement only for the expansion or improvement of Lake James State Park or another State park. The State may not otherwise sell or exchange this land.
b. The portion of that certain tract or parcel of land at Lake James State Park in McDowell County, Nebo Township, described in Deed Book 377, Page 423, and also shown as Tract B on the plat of survey prepared by Kenneth D. Suttles, RLS, dated December 4, 1987, entitled "Lake James State Park," Sheet 1 of 2, recorded in Plat Book 4, Page 275 of the McDowell County Registry, for a 40-foot right-of-way beginning at the southwest corner of Tract B and continuing along the southern boundary S 86 38' 51" E for 400 feet to the now or former John D. Walker property. The State of North Carolina may grant an easement across this tract to extinguish prescriptive easements on Tract B to improve management of the State park property. The State may not otherwise sell or exchange this land. The easement excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System pursuant to G.S. 113-44.14.
(20) All lands and waters within
the boundaries of Lake Waccamaw State Park as of May 1, 2007,May 5,
2009, with the exception of the following tracts: The portions of that
certain tract or parcel of land at Lake Waccamaw State Park in Columbus County
described in Deed Book 835, Page 590, containing 48,210 square feet and being
the portion of this tract shown as new R/W and permanent utility easement on
drawing prepared by State of North Carolina Department of Transportation
entitled "Map of Proposed Right of Way Property of State of North Carolina
(Parks and Recreation) Columbus County" for Tip B-3830 on SR 1947 (Bella
Coola Road) done by John E. Kaukola, PLS No. 3999 and compiled 1-18-2008, and
filed with the State Property Office. The tracts excluded from the State Nature
and Historic Preserve under this section are deleted from the State Parks
System pursuant to G.S. 113-44.14. The State of North Carolina may only
exchange this land for other land for the expansion of Lake Waccamaw State Park
or sell this land and use the proceeds for that purpose. The State may not
otherwise sell or exchange this land.
(21) All lands and waters within the boundaries of Chimney Rock State Park as of May 5, 2009, with the exception of the following tract: The portion of that certain tract or parcel of land at Chimney Rock State Park in Rutherford County being a portion of Parcel 2 as described in Deed Book 933, Page 598, containing 346 square feet and being shown as proposed right-of-way for bridge replacement project B-4258 on U.S. 64 over the Broad River on drawing prepared by Kimley-Horn and Associates for the North Carolina Department of Transportation and revised October 26, 2007, and filed with the State Property Office. The tracts excluded from the State Nature and Historic Preserve under this section are deleted from the State Parks System pursuant to G.S. 113-44.14. The State of North Carolina may only exchange this land for other land for the expansion of Chimney Rock State Park or sell this land and use the proceeds for that purpose. The State may not otherwise sell or exchange this land.
(22) All State-owned land and waters within the boundaries of the Mountains-to-Sea Trail as of May 5, 2009, with the exception of the following tract: The portion of that certain tract or parcel in Johnston County described in Deed Book 3634, Page 278, containing 4.72 acres and being described as proposed easement area for Piedmont Natural Gas Company transmission line on drawing entitled "Easement Survey Prepared for Piedmont Natural Gas Company, Line 142, Easement to be Acquired from the State of North Carolina" by McKim & Creed and dated July 31, 2008, and revised March 11, 2009. The State of North Carolina may grant an easement to Piedmont Natural Gas Company across this tract to facilitate the transmission of natural gas. The grant of the easement within the Mountains-to-Sea Trail to Piedmont Natural Gas Company under this section constitutes authorization by the General Assembly that the described tract of land may be used for a purpose other than the public purposes specified in Section 5 of Article XIV of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Article 2C of Chapter 113 of the General Statutes. The State of North Carolina may use the proceeds from the easement only for the expansion or improvement of the Mountains-to-Sea Trail or another State park. The State may not otherwise sell or exchange this land."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 6th day of August, 2009.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 3:15 p.m. this 26th day of August, 2009