GENERAL ASSEMBLY OF NORTH CAROLINA

1989 SESSION

 

 

CHAPTER 515

HOUSE BILL 933

 

AN ACT RELATING TO DISPOSITION OF EXCESS PROPERTY BY THE CITY OF ROXBORO AT THE ROXBORO LAKE PROJECT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The City of Roxboro shall, if provided by Section 6 of this act, promptly convey good title to excess property at the Lake Roxboro project.

Sec. 2.  For the purpose of this act:

(1)       "Excess property" means property lying between the 10-foot high water mark of Lake Roxboro and the original landowner's property line; and

(2)       "Original landowner" means persons who conveyed property to the City of Roxboro for the Lake Roxboro project.

Sec. 3.  The original landowners or their successors in title must have the excess property they intend to purchase surveyed at their own expense.

Sec. 4.  Current fair market value shall be determined as follows: The City of Roxboro shall select a qualified appraiser; the original landowners or their successors in title shall select a qualified appraiser, and the two appraisers selected shall select a third appraiser; then the three appraisers shall establish the current fair market value.  The original landowners or their successors shall pay for the appraiser they select, the city shall pay for the appraiser it selects, and they shall each pay one-half for the third appraiser.

Sec. 5.  This act shall apply to any excess property to which the original landowners or their successors in title shall have given notice of intent to purchase to the City of Roxboro no later than July 1, 1992.  Such notice of intent to purchase shall include a copy of the survey required by this act.  The appraisal process shall commence immediately after such notice of intent to purchase.

Sec. 6.  The original landowners or their successors in title may, within 120 days of receiving the appraisal, purchase from the City of Roxboro any excess property at current fair market value, less the cost of the survey and less the cost of the one-half of the third appraiser.

Sec. 7.  The City of Roxboro may not dispose of any excess property as defined by this act except as provided by this act, except that the City may dispose of such excess property as provided by law if a notice of intent to purchase and a survey is not provided by July 1, 1992, as provided by Section 5 of this act, or if the purchase is not made within 120 days of the appraisal as provided by Section 6 of this act.

Sec. 8.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 29th day of June, 1989.