§ 146-30. Application of net proceeds.
§ 146‑30. Applicationof net proceeds.
(a) The net proceeds ofany disposition made in accordance with this Subchapter shall be handled inaccordance with the following priority: First, in accordance with theprovisions of any trust or other instrument of title whereby title to such realproperty was heretofore acquired or is hereafter acquired; second, as providedby any other act of the General Assembly; third, the net proceeds shall bedeposited with the State Treasurer. Provided, however, nothing herein shall beconstrued as prohibiting the disposition of any State lands by exchange forother lands, but if the appraised value in fee simple of any property involvedin the exchange is at least twenty‑five thousand dollars ($25,000), thensuch exchange may not be made without consultation with the Joint LegislativeCommission on Governmental Operations.
(b) For the purposes ofthis Subchapter, the term "net proceeds " means the gross amountreceived from the sale, lease, rental, or other disposition of any State lands,less
(1) Such expensesincurred incident to that sale, lease, rental, or other disposition as may beallowed under rules and regulations adopted by the Governor and approved by theCouncil of State; and
(2) Repealed by SessionLaws 1993, c. 553, s. 52.2.
(3) A service charge tobe paid into the State Land Fund.
(b1) Notwithstanding theother provisions of this section, no service charge into the State Land Fundshall be deducted from or levied against the proceeds of any disposition bylease, rental, or easement of State lands that are designated as part of theCentennial Campus as defined by G.S. 116‑198.33(4), that are designatedas part of the Horace Williams Campus as defined by G.S. 116‑198.33(4a),or that are designated as part of a Millennial Campus as defined by G.S. 116‑198.33(4b).All net proceeds of those dispositions are governed by G.S. 116‑36.5.
(b2) Notwithstanding theother provisions of this section, no service charge into the State Land Fundshall be deducted from or levied against the proceeds of any disposition bylease, rental, or easement of State lands purchased and owned by the NorthCarolina State Highway Patrol, Department of Crime Control and Public Safety,as part of the Voice Interoperability Plan for Emergency Responders (VIPER)project being managed by the North Carolina State Highway Patrol, Department ofCrime Control and Public Safety. All net proceeds of these dispositions shallbe deposited into an account created in the Department of Crime Control andPublic Safety to be used only for the purpose of constructing, maintaining, orsupporting the VIPER network.
(c) The amount or rateof such service charge shall be fixed by rules and regulations adopted by theGovernor and approved by the Council of State, but as to any particular sale,lease, rental, or other disposition, it shall not exceed ten percent (10%) ofthe gross amount received from such sale, lease, rental, or other disposition.Notwithstanding any other provision of this Subchapter, the net proceeds derivedfrom the sale of land or products of land owned by or under the supervision andcontrol of the Wildlife Resources Commission, or acquired or purchased withfunds of that Commission, shall be paid into the Wildlife Resources Fund.Provided, however, the net proceeds derived from the sale of land or timberfrom land owned by or under the supervision and control of the Department ofAgriculture and Consumer Services shall be deposited with the State Treasurerin a capital improvement account to the credit of the Department of Agricultureand Consumer Services, to be used for such specific capital improvementprojects or other purposes as are provided by transfer of funds from thoseaccounts in the Capital Improvement Appropriations Act. Provided further, thenet proceeds derived from the sale of park land owned by or under thesupervision and control of the Department of Environment and Natural Resourcesshall be deposited with the State Treasurer in a capital improvement account tothe credit of the Department of Administration to be used for the purpose ofpark land acquisition as provided by transfer of funds from those accounts inthe Capital Improvement Appropriations Act. In the Capital ImprovementAppropriations Act, line items for purchase of park and agricultural lands willbe established for use by the Departments of Administration and Agriculture.The use of such funds for any specific capital improvement project or landacquisition is subject to approval by the Director of the Budget. No other use maybe made of funds in these line items without approval by the General Assemblyexcept for incidental expenses related to the project or land acquisition.Additionally with the approval of the Director of the Budget, either Departmentmay request funds from the Contingency and Emergency Fund when the necessity ofprompt purchase of available land can be demonstrated and funds in the capitalimprovement accounts are insufficient. Provided further, the net proceedsderived from the sale of any portion of the land owned by the State in oraround the Butner Reservation on or after July 1, 1980, shall be deposited withthe State Treasurer in a capital improvement account to the credit of theDepartment of Health and Human Services to make capital improvements on or toproperty owned by the State in the Butner Reservation subject to approval bythe Office of State Budget and Management, and may be used to build industrialaccess roads to industries located or to be located on the Butner Reservation,to construct new city streets in the Butner Reservation, extend water and sewerservice on the Butner Reservation, repair storm drains on the ButnerReservation, and for other capital uses on the Reservation as determined by theSecretary. (1959,c. 683, s. 1; 1975, 2nd Sess., c. 983, s. 30; 1977, c. 771, s. 4; c. 1012;1979, c. 608, s. 1; 1981, c. 859, s. 23.4; c. 1127, s. 33; 1981 (Reg. Sess.,1982), c. 1282, s. 24; 1983, c. 717, ss. 86, 86.1, 86.2, 87; c. 761, s. 166;1983 (Reg. Sess., 1984), c. 1034, s. 164; c. 1116, s. 97(d); 1989, c. 727, s.218(155); c. 799, s. 26; 1993, c. 321, s. 260.1; c. 553, s. 52.2; 1997‑261,s. 109; 1997‑443, s. 11A.119(a); 1998‑159, s. 4; 1999‑234, s.8; 2000‑140, s. 93.1(a); 2000‑177, s. 9; 2001‑424, s.12.2(b); 2007‑269, s. 12; 2009‑376, s. 15.)