§ 146-64. Definitions.
SUBCHAPTER IV.MISCELLANEOUS.
Article 14.
General Provisions.
§ 146‑64. Definitions.
As used in this Chapter:
(1) "Acquiredlands" means all State lands, title to which has been acquired by theState or by any State agency by purchase, devise, gift, condemnation, oradverse possession.
(2) "Escheatedlands" means all State lands, title to which has been acquired by escheat.
(3) "Land"means real property, buildings, space in buildings, timber rights, mineralrights, rights‑of‑way, easements, options, and all other rights,estates, and interests in real property.
(4) "Navigablewaters" means all waters which are navigable in fact.
(5) "Stateagency" includes every agency, institution, board, commission, bureau,council, department, division, officer, and employee of the State, but does notinclude counties, municipal corporations, political subdivisions of the State,county or city boards of education, or other local public bodies. The term"State agency" does not include any private corporation created by actof the General Assembly. In case of doubt as to whether a particular agency,corporation, or institution is a State agency for the purposes of this Chapter,the Attorney General, upon request of the Governor and Council of State, shallmake a determination of the issue. Upon a finding by the Attorney General thatan agency, corporation, or institution is not a State agency for the purpose ofthis Chapter, the Governor and Council of State may execute a deed or otherappropriate instrument releasing and quitclaiming all title and interest of theState in the lands of that agency, corporation, or institution.
(6) "Statelands" means all land and interests therein, title to which is vested inthe State of North Carolina, or in any State agency, or in the State to the useof any agency, and specifically includes all vacant and unappropriated lands,swamplands, submerged lands, lands acquired by the State by virtue of beingsold for taxes, escheated lands, and acquired lands.
(7) "Submergedlands" means State lands which lie beneath
a. Any navigable waterswithin the boundaries of this State, or
b. The Atlantic Oceanto a distance of three geographical miles seaward from the coastline of thisState.
(8) "Swamplands"means lands too wet for cultivation except by drainage, and includes
a. All State landswhich have been or are known as "swamp" or "marsh" lands,"pocosin bay," "briary bay" or "savanna," andwhich are a part of one swamp exceeding 2,000 acres in area, or which are apart of one swamp 2,000 acres or less in area which has been surveyed by theState; and
b. All State landswhich are covered by the waters of any state‑owned lake or pond.
(9) "Vacant andunappropriated lands" means all State lands title to which is vested inthe State as sovereign, and land acquired by the State by virtue of being soldfor taxes, except swamplands.
(10) For purposes of thisSubchapter, "deep water" means the depth reasonably necessary toprovide and allow reasonable access for all vessels traditionally used in themain watercourse area as of the time of the initial easement application. (1854‑5, c. 21; R.C.,c. 42, s. 1; Code, s. 2751; 1891, c. 302; Rev., ss. 1693, 1695; C.S., ss. 7540,7542; G.S., ss. 146‑1, 146‑4; 1959, c. 683, s. 1; 1969, c. 1164;1995, c. 529, s. 4; 2009‑484, s. 10.)