State Codes and Statutes

Statutes > North-carolina > Chapter_121 > GS_121-9

§ 121‑9.  Historicproperties.

(a)        Administration ofProperties Acquired by State. – Historic or archaeological properties acquiredby the State for administration by the State of North Carolina shall be underthe control and administration of the Department of Cultural Resources. Uponapproval of the North Carolina Historical Commission and the Secretary ofCultural Resources, the Department of Cultural Resources may, in itsdiscretion, make a contract with any county or municipality within the State orwith any nonprofit corporation or organization for the administration of anyportion of such property.

(b)        Acquisition ofHistoric Properties. – For the purpose of protecting or preserving any propertyof historical, architectural, archaeological, or other cultural importance tothe people of North Carolina, and subject to the provisions of Subchapter II ofChapter 146 of the General Statutes, the Department may, with the approval ofthe North Carolina Historical Commission and after consultation with the JointLegislative Commission on Governmental Operations, acquire, preserve, restore,hold, maintain, operate, and dispose of such properties, together with suchadjacent lands as may be necessary for their protection, preservation,maintenance, and operation. Such property may be real or personal in nature,and in the case of real property, the acquisition may include the fee or anylesser interest therein. Property may be acquired by gift, grant, bequest,devise, lease, purchase, or condemnation pursuant to the provisions of Chapter40A of the General Statutes, or otherwise. Property may be acquired by theDepartment, using such funds as may be appropriated for the purpose or moneysavailable to it from any other source.

(b1)      In the case of realproperty, the North Carolina Historical Commission shall report the followinginformation to the Joint Legislative Commission on Governmental Operationsbefore acquiring the property:

(1)        The statewidehistorical significance of the site.

(2)        The potential usesof the site.

(3)        The capitalrequirements of the site over a 20‑year period of time.

(4)        The annual operatingcosts of the site.

(5)        The expected levelsof visitation at the site.

(6)        Any otherinformation that would assist in determining the full cost of maintaining,operating, and administering the site as State property.

(c)        Interests Which MayBe Acquired. – In the case of real property, the interest acquired shall belimited to that estate, interest, or term deemed by the Department to bereasonably necessary for the continued protection or preservation of theproperty. The Department may acquire the fee simple title, but where it findsthat a lesser interest, including any development right, negative oraffirmative easement in gross or appurtenant, covenant, lease, or othercontractual right of or to any real property to be the most practical andeconomical method of protecting and preserving historic property, the lesserinterest may be acquired.

(d)        Conveyance ofProperty for Preservation Purposes. – In appropriate cases, the Department mayacquire or dispose of the fee or lesser interest to any such property for thespecific purpose of conveying or leasing the property back to its originalowner or of conveying or leasing it to such other person, firm, association,corporation, or other organization under such covenants, deed restrictions,lease, or other contractual arrangements as will limit the future use of theproperty in such a way as to insure its preservation. Where such action istaken, the property may be conveyed or leased by private sale. In all caseswhere property is conveyed, it shall be subjected by covenant or otherwise tosuch rights of access, public visitation, and other conditions or restrictionsof operation, maintenance, restoration, and repair as the Department mayprescribe, or to such conditions as may be agreed upon between the Departmentand the grantee or lessee to accomplish the purposes of this section.

(e)        Use of Property soAcquired. – Any historic property acquired, whether in fee or otherwise, may beused, maintained, improved, restored, or operated by the Department for anypublic purpose within its powers and not inconsistent with the purpose of thecontinued preservation of the property. The property shall not be subject to condemnationby the State of North Carolina or any of its agencies or political subdivisionsat any time, unless such method of acquisition is first approved by theGovernor and Council of State.

(f)         EmergencyAcquisition Where Funds Not Immediately Available. – If funds or contributionsfor the acquisition of needed historic property are not available, the Governorand Council of State may, upon the recommendation of the Secretary of CulturalResources and approval of the North Carolina Historical Commission, allocatefrom the Contingency and Emergency Fund an amount sufficient to acquire anoption on the property or properties, which option shall continue until 90 daysafter the adjournment sine die of the next General Assembly. Uponrecommendation of the Secretary and approval of the Historical Commission, theGovernor and Council of State may allocate funds from the Contingency andEmergency Fund for the immediate acquisition, preservation, restoration, oroperation of historically, archaeologically, architecturally, or culturallyimportant properties. All funds hereinafter appropriated to purchase, restore,maintain, develop, or operate historic or archaeological or other importantproperty shall be administered subject to the provisions of Chapter 143C andG.S. 143B‑53.1 of the General Statutes unless the statute making theappropriation shall in specific and express terms provide otherwise.

(g)        Power to AcquireProperty by Condemnation. – In the event that a property which has been foundby the Department of Cultural Resources to be important for public ownership orassistance is in danger of being sold, used, or neglected to such an extentthat its historical or cultural importance will be destroyed or seriouslyimpaired, or that the property is otherwise in danger of destruction or seriousimpairment, the Department of Cultural Resources, after receiving the approvalof the North Carolina Historical Commission and of the Governor and Council ofState, may acquire the historic property or any interest therein bycondemnation under the provisions of Chapter 40A of the General Statutes. TheDepartment of Cultural Resources, upon finding that destruction or seriousimpairment of the value of the property is imminent, shall file with theGovernor and Council of State a report on the importance of the property andthe desirability of ownership of the property, or the ownership of an interesttherein, by the State of North Carolina. Upon giving their approval, theGovernor and Council of State shall cause to have filed such approval with theclerk of the superior court in the county or counties where the property issituated. Until the approval is filed, the power of condemnation may not beexercised. All condemnation proceedings shall be instituted and prosecuted inthe name of the State of North Carolina.

(h)        Preservation andCustodial Care of State Capitol. – The rotunda, corridors, and stairways of thefirst floor of the State Capitol and all portions of the second, third, andloft floors of the said building shall be placed in the custody of theDepartment of Cultural Resources; and the Department shall, subject to theavailability of funds for the purpose, care for and administer these areas forthe edification of present and future generations. The aforesaid areas shall bepreserved as historic shrines and shall be maintained insofar as practicable asthey shall appear following the restoration of the Capitol. The Department ofCultural Resources is authorized to deny the use of the legislative chambersfor meetings in order that they, with their historic furnishings, may be betterpreserved for posterity; provided, however, that the General Assembly may holdtherein such sessions as it may by resolution deem proper.

The Department of CulturalResources is hereby entrusted with the responsibilities herein specified asbeing the agency with the experience best qualified to preserve and administerhistoric properties in a suitable manner. However, for the purposes of carryingout the provisions of this section, it is hereby directed that such cooperationand assistance shall be made available to the said Department of CulturalResources and such labor supplied, as may be feasible, by the Department ofAdministration.

The offices and working areasof the first floor as well as all washrooms and the exterior of the Capitolshall remain under the jurisdiction of the Department of Administration:Provided, however, that the Department of Administration shall seek the adviceof the Department of Cultural Resources in matters relating to any alteration,renovation, and furnishing of said offices and areas. (1955, c. 543, s. 1; 1961, c.724; 1963, c. 210, s. 1; 1965, c. 1129; 1971, c. 480, ss. 1‑3, 5; 1973,c. 476, s. 48; 1991 (Reg. Sess., 1992), c. 1030, s. 34; 1993 (Reg. Sess.,1994), c. 682, s. 2; 1995, c. 507, s. 12(b); 1996, 2nd Ex. Sess., c. 18, s.7.7(a); 2006‑203, s. 64.)

State Codes and Statutes

Statutes > North-carolina > Chapter_121 > GS_121-9

§ 121‑9.  Historicproperties.

(a)        Administration ofProperties Acquired by State. – Historic or archaeological properties acquiredby the State for administration by the State of North Carolina shall be underthe control and administration of the Department of Cultural Resources. Uponapproval of the North Carolina Historical Commission and the Secretary ofCultural Resources, the Department of Cultural Resources may, in itsdiscretion, make a contract with any county or municipality within the State orwith any nonprofit corporation or organization for the administration of anyportion of such property.

(b)        Acquisition ofHistoric Properties. – For the purpose of protecting or preserving any propertyof historical, architectural, archaeological, or other cultural importance tothe people of North Carolina, and subject to the provisions of Subchapter II ofChapter 146 of the General Statutes, the Department may, with the approval ofthe North Carolina Historical Commission and after consultation with the JointLegislative Commission on Governmental Operations, acquire, preserve, restore,hold, maintain, operate, and dispose of such properties, together with suchadjacent lands as may be necessary for their protection, preservation,maintenance, and operation. Such property may be real or personal in nature,and in the case of real property, the acquisition may include the fee or anylesser interest therein. Property may be acquired by gift, grant, bequest,devise, lease, purchase, or condemnation pursuant to the provisions of Chapter40A of the General Statutes, or otherwise. Property may be acquired by theDepartment, using such funds as may be appropriated for the purpose or moneysavailable to it from any other source.

(b1)      In the case of realproperty, the North Carolina Historical Commission shall report the followinginformation to the Joint Legislative Commission on Governmental Operationsbefore acquiring the property:

(1)        The statewidehistorical significance of the site.

(2)        The potential usesof the site.

(3)        The capitalrequirements of the site over a 20‑year period of time.

(4)        The annual operatingcosts of the site.

(5)        The expected levelsof visitation at the site.

(6)        Any otherinformation that would assist in determining the full cost of maintaining,operating, and administering the site as State property.

(c)        Interests Which MayBe Acquired. – In the case of real property, the interest acquired shall belimited to that estate, interest, or term deemed by the Department to bereasonably necessary for the continued protection or preservation of theproperty. The Department may acquire the fee simple title, but where it findsthat a lesser interest, including any development right, negative oraffirmative easement in gross or appurtenant, covenant, lease, or othercontractual right of or to any real property to be the most practical andeconomical method of protecting and preserving historic property, the lesserinterest may be acquired.

(d)        Conveyance ofProperty for Preservation Purposes. – In appropriate cases, the Department mayacquire or dispose of the fee or lesser interest to any such property for thespecific purpose of conveying or leasing the property back to its originalowner or of conveying or leasing it to such other person, firm, association,corporation, or other organization under such covenants, deed restrictions,lease, or other contractual arrangements as will limit the future use of theproperty in such a way as to insure its preservation. Where such action istaken, the property may be conveyed or leased by private sale. In all caseswhere property is conveyed, it shall be subjected by covenant or otherwise tosuch rights of access, public visitation, and other conditions or restrictionsof operation, maintenance, restoration, and repair as the Department mayprescribe, or to such conditions as may be agreed upon between the Departmentand the grantee or lessee to accomplish the purposes of this section.

(e)        Use of Property soAcquired. – Any historic property acquired, whether in fee or otherwise, may beused, maintained, improved, restored, or operated by the Department for anypublic purpose within its powers and not inconsistent with the purpose of thecontinued preservation of the property. The property shall not be subject to condemnationby the State of North Carolina or any of its agencies or political subdivisionsat any time, unless such method of acquisition is first approved by theGovernor and Council of State.

(f)         EmergencyAcquisition Where Funds Not Immediately Available. – If funds or contributionsfor the acquisition of needed historic property are not available, the Governorand Council of State may, upon the recommendation of the Secretary of CulturalResources and approval of the North Carolina Historical Commission, allocatefrom the Contingency and Emergency Fund an amount sufficient to acquire anoption on the property or properties, which option shall continue until 90 daysafter the adjournment sine die of the next General Assembly. Uponrecommendation of the Secretary and approval of the Historical Commission, theGovernor and Council of State may allocate funds from the Contingency andEmergency Fund for the immediate acquisition, preservation, restoration, oroperation of historically, archaeologically, architecturally, or culturallyimportant properties. All funds hereinafter appropriated to purchase, restore,maintain, develop, or operate historic or archaeological or other importantproperty shall be administered subject to the provisions of Chapter 143C andG.S. 143B‑53.1 of the General Statutes unless the statute making theappropriation shall in specific and express terms provide otherwise.

(g)        Power to AcquireProperty by Condemnation. – In the event that a property which has been foundby the Department of Cultural Resources to be important for public ownership orassistance is in danger of being sold, used, or neglected to such an extentthat its historical or cultural importance will be destroyed or seriouslyimpaired, or that the property is otherwise in danger of destruction or seriousimpairment, the Department of Cultural Resources, after receiving the approvalof the North Carolina Historical Commission and of the Governor and Council ofState, may acquire the historic property or any interest therein bycondemnation under the provisions of Chapter 40A of the General Statutes. TheDepartment of Cultural Resources, upon finding that destruction or seriousimpairment of the value of the property is imminent, shall file with theGovernor and Council of State a report on the importance of the property andthe desirability of ownership of the property, or the ownership of an interesttherein, by the State of North Carolina. Upon giving their approval, theGovernor and Council of State shall cause to have filed such approval with theclerk of the superior court in the county or counties where the property issituated. Until the approval is filed, the power of condemnation may not beexercised. All condemnation proceedings shall be instituted and prosecuted inthe name of the State of North Carolina.

(h)        Preservation andCustodial Care of State Capitol. – The rotunda, corridors, and stairways of thefirst floor of the State Capitol and all portions of the second, third, andloft floors of the said building shall be placed in the custody of theDepartment of Cultural Resources; and the Department shall, subject to theavailability of funds for the purpose, care for and administer these areas forthe edification of present and future generations. The aforesaid areas shall bepreserved as historic shrines and shall be maintained insofar as practicable asthey shall appear following the restoration of the Capitol. The Department ofCultural Resources is authorized to deny the use of the legislative chambersfor meetings in order that they, with their historic furnishings, may be betterpreserved for posterity; provided, however, that the General Assembly may holdtherein such sessions as it may by resolution deem proper.

The Department of CulturalResources is hereby entrusted with the responsibilities herein specified asbeing the agency with the experience best qualified to preserve and administerhistoric properties in a suitable manner. However, for the purposes of carryingout the provisions of this section, it is hereby directed that such cooperationand assistance shall be made available to the said Department of CulturalResources and such labor supplied, as may be feasible, by the Department ofAdministration.

The offices and working areasof the first floor as well as all washrooms and the exterior of the Capitolshall remain under the jurisdiction of the Department of Administration:Provided, however, that the Department of Administration shall seek the adviceof the Department of Cultural Resources in matters relating to any alteration,renovation, and furnishing of said offices and areas. (1955, c. 543, s. 1; 1961, c.724; 1963, c. 210, s. 1; 1965, c. 1129; 1971, c. 480, ss. 1‑3, 5; 1973,c. 476, s. 48; 1991 (Reg. Sess., 1992), c. 1030, s. 34; 1993 (Reg. Sess.,1994), c. 682, s. 2; 1995, c. 507, s. 12(b); 1996, 2nd Ex. Sess., c. 18, s.7.7(a); 2006‑203, s. 64.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_121 > GS_121-9

§ 121‑9.  Historicproperties.

(a)        Administration ofProperties Acquired by State. – Historic or archaeological properties acquiredby the State for administration by the State of North Carolina shall be underthe control and administration of the Department of Cultural Resources. Uponapproval of the North Carolina Historical Commission and the Secretary ofCultural Resources, the Department of Cultural Resources may, in itsdiscretion, make a contract with any county or municipality within the State orwith any nonprofit corporation or organization for the administration of anyportion of such property.

(b)        Acquisition ofHistoric Properties. – For the purpose of protecting or preserving any propertyof historical, architectural, archaeological, or other cultural importance tothe people of North Carolina, and subject to the provisions of Subchapter II ofChapter 146 of the General Statutes, the Department may, with the approval ofthe North Carolina Historical Commission and after consultation with the JointLegislative Commission on Governmental Operations, acquire, preserve, restore,hold, maintain, operate, and dispose of such properties, together with suchadjacent lands as may be necessary for their protection, preservation,maintenance, and operation. Such property may be real or personal in nature,and in the case of real property, the acquisition may include the fee or anylesser interest therein. Property may be acquired by gift, grant, bequest,devise, lease, purchase, or condemnation pursuant to the provisions of Chapter40A of the General Statutes, or otherwise. Property may be acquired by theDepartment, using such funds as may be appropriated for the purpose or moneysavailable to it from any other source.

(b1)      In the case of realproperty, the North Carolina Historical Commission shall report the followinginformation to the Joint Legislative Commission on Governmental Operationsbefore acquiring the property:

(1)        The statewidehistorical significance of the site.

(2)        The potential usesof the site.

(3)        The capitalrequirements of the site over a 20‑year period of time.

(4)        The annual operatingcosts of the site.

(5)        The expected levelsof visitation at the site.

(6)        Any otherinformation that would assist in determining the full cost of maintaining,operating, and administering the site as State property.

(c)        Interests Which MayBe Acquired. – In the case of real property, the interest acquired shall belimited to that estate, interest, or term deemed by the Department to bereasonably necessary for the continued protection or preservation of theproperty. The Department may acquire the fee simple title, but where it findsthat a lesser interest, including any development right, negative oraffirmative easement in gross or appurtenant, covenant, lease, or othercontractual right of or to any real property to be the most practical andeconomical method of protecting and preserving historic property, the lesserinterest may be acquired.

(d)        Conveyance ofProperty for Preservation Purposes. – In appropriate cases, the Department mayacquire or dispose of the fee or lesser interest to any such property for thespecific purpose of conveying or leasing the property back to its originalowner or of conveying or leasing it to such other person, firm, association,corporation, or other organization under such covenants, deed restrictions,lease, or other contractual arrangements as will limit the future use of theproperty in such a way as to insure its preservation. Where such action istaken, the property may be conveyed or leased by private sale. In all caseswhere property is conveyed, it shall be subjected by covenant or otherwise tosuch rights of access, public visitation, and other conditions or restrictionsof operation, maintenance, restoration, and repair as the Department mayprescribe, or to such conditions as may be agreed upon between the Departmentand the grantee or lessee to accomplish the purposes of this section.

(e)        Use of Property soAcquired. – Any historic property acquired, whether in fee or otherwise, may beused, maintained, improved, restored, or operated by the Department for anypublic purpose within its powers and not inconsistent with the purpose of thecontinued preservation of the property. The property shall not be subject to condemnationby the State of North Carolina or any of its agencies or political subdivisionsat any time, unless such method of acquisition is first approved by theGovernor and Council of State.

(f)         EmergencyAcquisition Where Funds Not Immediately Available. – If funds or contributionsfor the acquisition of needed historic property are not available, the Governorand Council of State may, upon the recommendation of the Secretary of CulturalResources and approval of the North Carolina Historical Commission, allocatefrom the Contingency and Emergency Fund an amount sufficient to acquire anoption on the property or properties, which option shall continue until 90 daysafter the adjournment sine die of the next General Assembly. Uponrecommendation of the Secretary and approval of the Historical Commission, theGovernor and Council of State may allocate funds from the Contingency andEmergency Fund for the immediate acquisition, preservation, restoration, oroperation of historically, archaeologically, architecturally, or culturallyimportant properties. All funds hereinafter appropriated to purchase, restore,maintain, develop, or operate historic or archaeological or other importantproperty shall be administered subject to the provisions of Chapter 143C andG.S. 143B‑53.1 of the General Statutes unless the statute making theappropriation shall in specific and express terms provide otherwise.

(g)        Power to AcquireProperty by Condemnation. – In the event that a property which has been foundby the Department of Cultural Resources to be important for public ownership orassistance is in danger of being sold, used, or neglected to such an extentthat its historical or cultural importance will be destroyed or seriouslyimpaired, or that the property is otherwise in danger of destruction or seriousimpairment, the Department of Cultural Resources, after receiving the approvalof the North Carolina Historical Commission and of the Governor and Council ofState, may acquire the historic property or any interest therein bycondemnation under the provisions of Chapter 40A of the General Statutes. TheDepartment of Cultural Resources, upon finding that destruction or seriousimpairment of the value of the property is imminent, shall file with theGovernor and Council of State a report on the importance of the property andthe desirability of ownership of the property, or the ownership of an interesttherein, by the State of North Carolina. Upon giving their approval, theGovernor and Council of State shall cause to have filed such approval with theclerk of the superior court in the county or counties where the property issituated. Until the approval is filed, the power of condemnation may not beexercised. All condemnation proceedings shall be instituted and prosecuted inthe name of the State of North Carolina.

(h)        Preservation andCustodial Care of State Capitol. – The rotunda, corridors, and stairways of thefirst floor of the State Capitol and all portions of the second, third, andloft floors of the said building shall be placed in the custody of theDepartment of Cultural Resources; and the Department shall, subject to theavailability of funds for the purpose, care for and administer these areas forthe edification of present and future generations. The aforesaid areas shall bepreserved as historic shrines and shall be maintained insofar as practicable asthey shall appear following the restoration of the Capitol. The Department ofCultural Resources is authorized to deny the use of the legislative chambersfor meetings in order that they, with their historic furnishings, may be betterpreserved for posterity; provided, however, that the General Assembly may holdtherein such sessions as it may by resolution deem proper.

The Department of CulturalResources is hereby entrusted with the responsibilities herein specified asbeing the agency with the experience best qualified to preserve and administerhistoric properties in a suitable manner. However, for the purposes of carryingout the provisions of this section, it is hereby directed that such cooperationand assistance shall be made available to the said Department of CulturalResources and such labor supplied, as may be feasible, by the Department ofAdministration.

The offices and working areasof the first floor as well as all washrooms and the exterior of the Capitolshall remain under the jurisdiction of the Department of Administration:Provided, however, that the Department of Administration shall seek the adviceof the Department of Cultural Resources in matters relating to any alteration,renovation, and furnishing of said offices and areas. (1955, c. 543, s. 1; 1961, c.724; 1963, c. 210, s. 1; 1965, c. 1129; 1971, c. 480, ss. 1‑3, 5; 1973,c. 476, s. 48; 1991 (Reg. Sess., 1992), c. 1030, s. 34; 1993 (Reg. Sess.,1994), c. 682, s. 2; 1995, c. 507, s. 12(b); 1996, 2nd Ex. Sess., c. 18, s.7.7(a); 2006‑203, s. 64.)

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