GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 278

HOUSE BILL 113

 

AN ACT TO VALIDATE CONVEYANCES OF CERTAIN MARSHLANDS BY THE STATE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 4 of Chapter 146 of the General Statutes is amended by adding a new section to read:

"§ 146-20.1. Conveyance of certain marshlands validated; public trust rights reserved.-(a)   Validation. All conveyances of swamplands, including regularly flooded estuarine marshlands, that have previously been made by the Literary Fund, the North Carolina Literary Board, or the State Board of Education are declared valid, and the person to whom the conveyance was made or his successor in title is declared to have title to the marshland.

(b)       Reservation. Areas of regularly flooded estuarine marshlands within conveyances validated by subsection (a) remain subject to all public trust rights."

Sec. 2.  G.S. 105-151.12 is amended by adding a new subsection to read:

"(f)      In the case of marshland for which a claim has been filed pursuant to G.S. 113-205, the offer of donation must be made before December 31, 1990, to qualify for the credit allowed by this section."

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 30th day of May, 1985.