January 9, 1980
Subject:
Municipalities; Counties; Disposition of Real and Personal Property Between Units of Government G.S. 160A-274.
Requested By:
Robert C. Cogswell, Jr. Fayetteville City Attorney
Question:
In the sale, lease, exchange of real or personal property by a city or county pursuant to G.S. 160A-274, must the procedural requirements of Article 12, Chapter 160A be followed?
Conclusion:
Yes.
- G.S.
- 160A-274 was first enacted as G.S. 160-61.2 by Chapter 806, Session Laws of 1969. Subsection (c) thereof required a public hearing, notice published prior to the public hearing and action by the governing body. Chapter 160 was rewritten by Chapter 698, Session Laws of 1971 and G.S. 160-61.2 became
- G.S.
- 160A-274. In addition, subsection (c) was rewritten by deleting the requirements of published notice and public hearing. However, we believe it was the intent of the General Assembly for cities and counties to follow the procedures set forth in the sections of Article 12 dealing with a particular method of disposition.
- G.S.
- 160A-266 requires the procedures prescribed in the Article to be followed. Thus when the city or county exercises authority under G.S. 160A-274, it should follow the procedures prescribed for the particular method of disposition.
We do not believe the city or county is restricted by G.S. 160A-272 as to the ten year lease periods therein, but should follow the procedural requirement for leases and rentals of property.
Rufus L. Edmisten Attorney General
James F. Bullock Senior Deputy Attorney General