GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
S 2
SENATE BILL 627
House Committee Substitute Favorable 6/3/03
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Short Title: State Nat. & Hist. Preserve Adds. & Removals. |
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Referred to: |
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April 1, 2003
A BILL TO BE ENTITLED
AN ACT to Dedicate and accept certain properties as part of the state nature and historic preserve, to remove certain lands from the state nature and historic preserve, and to delete a park from the state parks system.
Whereas, Section 5 of Article XIV of the Constitution of North Carolina 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 Constitution of North Carolina; and
Whereas, over 6,700 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 3 April 2001, and
Whereas, in accordance with G.S. 143‑260.8, on 6 May 2003 the Council of State voted to petition the General Assembly to enact a law pursuant to Section 5 of Article XIV of the Constitution of North Carolina 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 6 May 2003 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 April 3, 2001: 6 May 2003:
Baldhead Island State Natural Area, Bay Tree Lake State Park, Beech
Creek Bog State Natural Area, Bullhead Mountain State Natural Area, Bushy
Lake State Natural Area, Carolina Beach State Park, Cliffs of the Neuse
State Park, Chowan Swamp State Natural Area, Dismal Swamp State Natural Area, Elk
Knob State Natural Area, Eno River State Park, Fort Fisher State
Recreation Area, Fort Macon State Park, Goose Creek State Park, Gorges State
Park, Hammocks Beach State Park, Hemlock Bluffs State Natural Area, Jones Lake
State Park, Lake James State Park, Lake Norman State Park, Lake Waccamaw State
Park, Lea Island State Natural Area, Lumber River State Park, Medoc
Mountain State Park, Merchants Millpond State Park, Mitchells Millpond State
Natural Area, Mount Mitchell State Park, Occoneechee Mountain State Natural
Area, Pettigrew State Park, Pilot Mountain State Park, Raven Rock State Park,
Run Hill State Natural Area, Singletary Lake State Park, 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 April 3, 2001, 6 May 2003 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 April 3, 2001, 6 May 2003 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 April 3, 2001, 6 May 2003 with the exception of
the following tract: tracts: 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. The portion of that
certain tract or parcel of land at Crowders Mountain State Park in Cleveland
County, Number Four Township, described in Deed Book 1286, Page 85, and
containing 1.64 acres as shown on the drawing prepared by the Division of Parks
and Recreation entitled "Property to Be Excepted Crowders Mountain State
Park" dated 14 April 2003, and filed in the State Property Office. The
tract tracts excluded from the State Nature and Historic Preserve
under this subdivision is 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.
(7) All lands owned in fee simple by the State within
the boundaries of New River State Park as of April 3, 2001. 6 May 2003.
(8) All lands and waters within the boundaries of Stone
Mountain State Park as of April 3, 2001, 6 May 2003 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; and the portion of that certain tract or
parcel of land at Stone Mountain State Park in Alleghany County, Cherry Lane
Township, described in Deed Book 219, Page 543, and more particularly described
as all of the land in this parcel lying north of the new division line on the
survey by Andrews and Hobson Surveyors dated August 15, 2000, and entitled
"Property Exchange Agreement for State of North Carolina & the United
States of America", and filed in the State Property Office. 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.
(9) All lands and waters located within the boundaries
of the following State Historic Sites as of April 3, 2001: 6 May 2003:
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 April 3, 2001, 6 May 2003 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 April 3, 2001, 6 May 2003 with
the exception of the following tracts: 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. The portion of that tract or property at
South Mountains State Park in Burke County, Lower Creek Township, described in
Deed Book 862, Page 1471, required for the right‑of‑way and
easements for the relocation of SR 1904 within the park and lying generally
between the Rutherford Electric Membership Corporation right‑of‑way
and the southern property boundary of the park, as described in the drawing
entitled "Survey for State of North Carolina", dated January 28,
1999, prepared by Suttles Surveying, P.A., bearing the preparer's file name
12455.dwg and filed in the State Property Office;Office. 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.
b. The portion of those certain tracts or parcels of land at South Mountains State Park in Burke County, Lower Creek Township, described in Deed Book 925, Page 1284, and Deed Book 870, Page 1729 required for the right‑of‑way and easements for the relocation of SR 1904 within the Park and shown on the drawing prepared by Suttles Surveying P.A. entitled "Survey of the Proposed Centerline of the New Road Alignment for the State of North Carolina" bearing the preparer's file name 12455D.dwg, dated 10 April 2003, and filed in the State Property Office. 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.
c. and the 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. The portion of that certain tract or parcel of land at South Mountains State Park in Burke County, Morganton Township, described in Deed Book 28, Page 607, Deed Book 28, Page 467, and Plat Book 3, Page 78, and containing 0.33 acres as shown on the drawing prepared by Hawkins Land Surveying entitled "Subdivision for Trustees of Walker Top Baptist Church" dated 26 September 2001, and filed with the State Property Office. The State may transfer this property to the Trustees of Walker Top Baptist Church to be used for church purposes. The instrument transferring this property shall provide that the State retains a possibility of reverter and shall provide that, in the event that the Walker Top Baptist Church ceases to use the property for church purposes, the property shall revert to the State. The State may not otherwise sell or exchange the property.
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 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.
(14) All lands and waters within the boundaries of
Bushy Lake State Natural Area as of April 3, 2001, with the exception of the following
tract: The portion of that certain tract or parcel of land at Bushy Lake State
Natural Area in Cumberland County, Beaver Dam Township, described in Deed Book
3588, Page 583, and shown as the 0.58 acre parcel within tract 2 on the survey
prepared by Lewis G. Paschal, Professional Land Surveyor, entitled
"Recombination Survey for State of North Carolina" dated April 1989
and December 2000, 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 pursuant to G.S. 113‑44.14. The State of
North Carolina may only exchange this land for other land for the expansion of
Bushy Lake State Natural Area or sell this land and use the proceeds for that
purpose. The State may not otherwise sell or exchange this land.
(15) All lands and waters within the boundaries of
Jockey's Ridge State Park as of April 3, 2001, 6 May 2003 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 April 3, 2001. 6 May 2003.
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 6 May 2003 with the exception of the following tract: 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."
SECTION 2. The following tracts of land are removed from the State Nature and Historic Preserve pursuant to Section 5 of Article XIV of the Constitution of North Carolina:
(1) The portion of that certain tract or parcel of land at Crowders Mountain State Park in Cleveland County, Number Four Township, described in Deed Book 1286, Page 85, and containing 1.64 acres as shown on the drawing prepared by the Division of Parks and Recreation entitled "Property to be Excepted Crowders Mountain State Park" dated 14 April 2003 and filed in the State Property Office.
(2) The portion of those certain tracts or parcels of land at South Mountains State Park in Burke County, Lower Creek Township, described in Deed Book 925, Page 1284, and Deed Book 870, Page 1729 required for the right‑of‑way and easements for the relocation of SR 1904 within the Park and shown on the drawing prepared by Suttles Surveying P.A. entitled "Survey of the Proposed Centerline of the New Road Alignment for the State of North Carolina" bearing the preparer's file name 12455D.dwg, dated 10 April 2003 and filed in the State Property Office.
(3) The portion of that certain tract or parcel of land at South Mountains State Park in Burke County, Morganton Township, described in Deed Book 28, Page 607, Deed Book 28, Page 467, and Plat Book 3, Page 78, and containing 0.33 acres as shown on the drawing prepared by Hawkins Land Surveying entitled "Subdivision for Trustees of Walker Top Baptist Church" dated 26 September 2001 and filed with the State Property Office.
(4) 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.
SECTION 3. G.S. 143‑260.8(e) reads as rewritten:
"(e) In order to provide accessible information to the public concerning the State Nature and Historic Preserve, every law accepting or removing properties in the Preserve shall be codified in the General Statutes. A certified copy of every law accepting or removing properties in the Preserve shall be transmitted by the Secretary of State to the register of deeds in each county wherein these properties, or any part of them, are located, for filing and indexing in the grantor index."
SECTION 4. In accordance with G.S. 143‑260.8(e), the Secretary of State is directed to forward a certified copy of this act to the register of deeds of each county in which any portion of the property dedicated and accepted or removed by this act as part of the State Nature and Historic Preserve is located.
SECTION 5. Waynesborough State Park is deleted from the State Parks System pursuant to G.S. 113-44.14.
SECTION 6. This act is effective when it becomes law.