September 22, 1981
Subject:
State Departments, Institutions and Agencies; Real Property; Authority of the State to Dispose of an area within the State Government Center Complex.
Requested By:
Charles E. Grady, Jr. Director State Property Office
Question:
May the State convey to the City of Raleigh an area lying within the State Government Center Complex for non-State use without legislative approval?
Conclusion:
No.
The City of Raleigh desires to acquire from the State an area lying within the State Government Center Complex as defined by G.S. 146-22.1(3). The City proposes to make the area available to private industry for the construction of middle and upper middle income family housing units to promote the revitalization of the downtown Raleigh area. A question has arisen as to whether the State can convey the area in question to the City without legislative approval.
G.S. 146-22.1 provides, in pertinent part:
"§ 146-22.1. Acquisition of property. — In order to carry out the duties of the Department of Administration as set forth in Chapters 143 and 145 of the General Statutes, the Department of Administration is authorized and empowered to acquire by purchase, gift, condemnation or otherwise:
(3) An area in the City of Raleigh bounded by Edenton Street, Person Street, Peace Street, the right-of-way of the main line of Seaboard Coast Line Railway and North McDowell Street for the expansion of State governmental facilities, the public interest in, public use of, and the necessity for the acquisition of said area, being hereby declared as a matter of legislative determination."
G.S. 146-22.1(3) does more than merely define an area in the City of Raleigh that the Department of Administration is authorized to acquire on behalf of the State. This provision contains a legislative determination that acquisition of the area defined therein is necessary "for the expansion of State governmental facilities." In view of the fact that the Legislature has determined that this area is necessary for the expansion of State governmental facilities, we are of the opinion that legislative approval would be required in order for the State to convey a portion of this area to the City of Raleigh for a different use.
Rufus L. Edmisten
Attorney General
Roy A. Giles, Jr.
Assistant Attorney General