GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-234
SENATE BILL 627
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:
"ยง 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.
In the General Assembly read three times and ratified this the 12th day of June, 2003.
s/ Beverly E. Perdue
President of the Senate
s/ Richard T. Morgan
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:55 p.m. this 19th day of June, 2003