State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-518

§ 115C‑518. Disposition of school property; easements and rights‑of‑way.

(a)        When in the opinion of any local board of education the useof any building site or other real property or personal property owned or heldby the board is unnecessary or undesirable for public school purposes, thelocal board of education may dispose of such according to the proceduresprescribed in General Statutes, Chapter 160A, Article 12, or any successorprovisions thereto. Provided, when any real property to which the board holdstitle is no longer suitable or necessary for public school purposes, the boardof county commissioners for the county in which the property is located shallbe afforded the first opportunity to obtain the property. The board ofeducation shall offer the property to the board of commissioners at a fairmarket price or at a price negotiated between the two boards. If the board ofcommissioners does not choose to obtain the property as offered, the board ofeducation may dispose of such property according to the procedure as hereinprovided. Provided that no State or federal regulations would prohibit suchaction. For the purposes of this section references in Chapter 160A, Article12, to the "city," the "council," or a specific cityofficial are deemed to refer, respectively, to the school administrative unit,the board of education, and the school administrative official who most nearlyperforms the same duties performed by the specified city official. A localboard of education may also sell any property other than real property throughthe facilities of the North Carolina Department of Administration. The proceedsof any sale of real property or from any lease for a term of over one yearshall be applied to reduce the county's bonded indebtedness for the schooladministrative unit disposing of such real property or for capital outlaypurposes.

(b)        In addition to the foregoing, local boards of education arehereby authorized and empowered, in their sound discretion, to grant easementsto any public utility, municipality or quasi‑municipal corporations tofurnish utility services, with or without compensation except the benefitsaccruing by virtue of the location of the said public utility, and to dedicateportions of any lands owned by such boards as rights‑of‑way forpublic streets, roads or sidewalks, with or without compensation except thebenefits accruing by virtue of the location or improvement of such publicstreets, roads or sidewalks.

(c)        Any sale, exchange or lease of real or personal property by anylocal board of education prior to June 18, 1982, and pursuant to the authorityof G.S. 115‑126 is hereby validated, ratified and confirmed. (1955, c. 1372, art. 15, s. 2; 1959, c. 324; c. 573,s. 11; 1961, c. 395; 1975, c. 264; c. 879, s. 46; 1977, c. 803; 1981, c. 423,s. 1; 1981 (Reg. Sess., 1982), c. 1216; 1983, c. 731; 1985 (Reg. Sess., 1986),c. 975, s. 22.)