North Carolina General Statutes Chapter 146 State Lands

Article 1 - General Provisions.

N.C. Gen. Stat. § 146-1. Intent of Subchapter
(a) It is the purpose and intent of this Subchapter to vest in the Department of Administration, subject to rules and regulations adopted by...
N.C. Gen. Stat. § 146-2. Department of Administration given control of certain State lands; general powers
The power to manage, control, and dispose of the vacant and unappropriated lands, swamplands, lands acquired by the State by virtue of being sold...

Article 2 - Dispositions.

N.C. Gen. Stat. § 146-3. What lands may be sold
Any State lands may be disposed of by the State in the manner prescribed in this Chapter, with the following exceptions: (1) No submerged...
N.C. Gen. Stat. § 146-4. Sales of certain lands; procedure; deeds; disposition of proceeds
The Department of Administration may sell the vacant and unappropriated lands, swamplands, and lands acquired by the State by virtue of being sold for...
N.C. Gen. Stat. § 146-5. Reservation to the State
In any sale of the vacant and unappropriated lands or swamplands by the State, the following powers may be expressly reserved to the State,...
N.C. Gen. Stat. § 146-6. Title to land raised from navigable water
(a) If any land is, by any process of nature or as a result of the erection of any pier, jetty or breakwater, raised...
N.C. Gen. Stat. § 146-6.1. Repealed by Session Laws 1977, c. 366
N.C. Gen. Stat. § 146-7. Sale of timber rights; procedure; instruments conveying rights; disposition of proceeds
The Department of Administration may sell timber rights in the vacant and unappropriated lands, swamplands, and lands acquired by the State by virtue of...
N.C. Gen. Stat. § 146-8. Disposition of mineral deposits in State lands under water
The State, acting at the request of the Department of Environment and Natural Resources, is fully authorized and empowered to sell, lease, or otherwise...
N.C. Gen. Stat. § 146-9. Disposition of mineral deposits in State lands not under water
The Department of Administration may sell, lease, or otherwise dispose of mineral rights or deposits in the vacant and unappropriated lands, swamplands, and lands...
N.C. Gen. Stat. § 146-10. Leases
The Department of Administration may lease or rent the vacant and unappropriated lands, swamplands, and lands acquired by the State by virtue of being...
N.C. Gen. Stat. § 146-11. Easements, rights-of-way, etc
The Department of Administration may grant easements, rights-of-way, dumping rights and other interests in State lands, for the purpose of (1) Cooperating with the...
N.C. Gen. Stat. § 146-12. Easements in lands covered by water
(a) The Department of Administration may grant, to adjoining riparian or littoral owners, easements in lands covered by navigable waters or by the waters...
N.C. Gen. Stat. § 146-13. Erection of piers on State lakes restricted
No person, firm, or corporation shall erect upon the floor of, or in or upon, the waters of any State lake, any dock, pier,...
N.C. Gen. Stat. § 146-14. Proceeds of dispositions of certain State lands
The net proceeds of all sales, leases, rentals, or other dispositions of the vacant and unappropriated lands, swamplands, and lands acquired by the State...
N.C. Gen. Stat. § 146-14.1. Natural Resources Easement Fund
The Natural Resources Easement Fund is established as a nonreverting fund within the Department of Administration. All easement purchase payment monies collected by the...
N.C. Gen. Stat. § 146-15. Definition of net proceeds
For the purposes of this Subchapter, the term "net proceeds" means the gross amount received from the sale, lease, rental, or other disposition of...

Article 3 - Discovery and Reclamation.

N.C. Gen. Stat. § 146-16. Department of Administration to supervise
The Department of Administration shall be responsible for discovering, inventorying, surveying, and reclaiming the vacant and unappropriated lands, swamplands, and lands acquired by the...
N.C. Gen. Stat. § 146-17. Mapping and discovery agreements
The Department of Administration, acting on behalf of the State, for the purpose of discovering State lands, may, with the approval of the Governor...
N.C. Gen. Stat. § 146-17.1. Rewards; reclamation of certain State lands; wrongful removal of timber from State lands
(a) The Department of Administration, acting on behalf of the State, for the purpose of discovering State lands, may, with the approval of the...

Article 4 - Miscellaneous Provisions.

N.C. Gen. Stat. § 146-18. Recreational use of State lakes regulated
All recreation, except hunting and fishing, in, upon, or above any or all of the State lakes referred to in this Subchapter may be...
N.C. Gen. Stat. § 146-19. Fishing license fees for nonresidents of counties in which State lakes are situated
The Wildlife Resources Commission, through its authorized agent or agents, is hereby authorized to require of nonresidents of the county within which a State...
N.C. Gen. Stat. § 146-20. Forfeiture for failure to register deeds
All the grants and deeds for swamplands made prior to November 1, 1883, must have been proved and registered, in the county where the...
N.C. Gen. Stat. § 146-20.1. Conveyance of certain marshlands validated; public trust rights reserved
(a) Validation. - All conveyances of swamplands, including regularly flooded estuarine marshlands, that have previously been made by the Literary Fund, the North Carolina...

Article 5 - General Provisions.

N.C. Gen. Stat. § 146-21. Intent of Subchapter
It is the purpose and intent of this Subchapter to provide for and regulate the acquisition, disposition, and management of all State lands other...

Article 6 - Acquisitions.

N.C. Gen. Stat. § 146-22. All acquisitions to be made by Department of Administration
(a) Every acquisition of land on behalf of the State or any State agency, whether by purchase, condemnation, lease, or rental, shall be made...
N.C. Gen. Stat. § 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 146 of the General Statutes,...
N.C. Gen. Stat. § 146-22.2. Appraisal of property to be acquired by State
(a) Where an appraisal of real estate or an interest in real estate is required by law to be made before acquisition of the...
N.C. Gen. Stat. § 146-22.3. Acquisition of land to be used to restore, enhance, preserve, or create wetlands
(a) Payment. - A State agency that acquires land by purchase for the purpose of restoring, enhancing, preserving, or creating wetlands as required by...
N.C. Gen. Stat. § 146-22.4. Acquisition of wetlands from private mitigation banking companies
(a) Payment for Taxes. - A State agency that acquires wetlands from a private mitigation banking company must pay a sum in lieu of...
N.C. Gen. Stat. § 146-22.5. Reimbursement of payment in lieu of future ad valorem taxes
(a) If a State agency acquires land under G.S. 146-22.3 or G.S. 146-22.4 and later uses this land to mitigate wetlands permitted to be...
N.C. Gen. Stat. § 146-23. Agency must file statement of needs; Department must investigate
Any State agency desiring to acquire land, whether by purchase, condemnation, lease, or rental, shall file with the Department of Administration an application setting...
N.C. Gen. Stat. § 146-23.1. Buildings having historic, architectural or cultural significance
In order to promote the use of buildings having historic, architectural or cultural significance, the Department of Administration shall inform the North Carolina Historical...
N.C. Gen. Stat. § 146-23.2. Purchase of buildings constructed or renovated to a certain energy-efficiency standard
(a) A State agency shall not acquire by purchase any building unless the building was designed and constructed to at least the same standards...
N.C. Gen. Stat. § 146-24. Procedure for purchase or condemnation
(a) If, after investigation, the Department determines that it is in the best interest of the State that land be acquired, the Department shall...
N.C. Gen. Stat. § 146-24.1. The power of eminent domain
In carrying out the duties and purposes set forth in Chapters 143 and 146 of the General Statutes, the Department of Administration is vested...
N.C. Gen. Stat. § 146-25. Leases and rentals
If, after investigation, the Department of Administration determines that it is in the best interest of the State that land be leased or rented...
N.C. Gen. Stat. § 146-25.1. Proposals to be secured for leases
(a) If pursuant to G.S. 146-25, the Department of Administration determines that it is in the best interest of the State to lease or...
N.C. Gen. Stat. § 146-26. Donations and devises to State
No devise or donation of land or any interest therein to the State or to any State agency shall be effective to vest title...
N.C. Gen. Stat. § 146-26.1. Relocation assistance
In the acquisition of any real property by the Department of Administration for a public use, the Department of Administration shall be vested with...

Article 7 - Dispositions.

N.C. Gen. Stat. § 146-27. The role of the Department of Administration in sales, leases, and rentals
(a) General. - Every sale, lease, rental, or gift of land owned by the State or by any State agency shall be made by...
N.C. Gen. Stat. § 146-28. Agency must file application with Department; Department must investigate
Any State agency desiring to sell, lease, or rent any land owned by the State or by any State agency shall file with the...
N.C. Gen. Stat. § 146-29. Procedure for sale, lease, or rental
If, after investigation, the Department of Administration determines that it is in the best interest of the State that land be sold, leased, or...
N.C. Gen. Stat. § 146-29.1. Lease or sale of real property for less than fair market value
(a) Real property owned by the State or any State agency may not be sold, leased, or rented at less than fair market value...
N.C. Gen. Stat. § 146-29.2. Lease or interest in real property for communication purposes
(a) The following definitions apply in this section: (1) Antenna. - Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used...
N.C. Gen. Stat. § 146-30. Application of net proceeds
(a) (Effective until January 1, 2016) The net proceeds of any disposition made in accordance with this Subchapter shall be handled in accordance with...

Article 8 - Miscellaneous Provisions.

N.C. Gen. Stat. § 146-31. Right of appeal to Governor and Council of State
The requesting agency, in the event of disagreement with a decision of the Department of Administration regarding the acquisition or disposition of land pursuant...
N.C. Gen. Stat. § 146-32. Exemptions as to leases, etc
The Governor, acting with the approval of the Council of State, may adopt rules and regulations: (1) Exempting from any or all of the...
N.C. Gen. Stat. § 146-33. State agencies to locate and mark boundaries of lands
Every State agency shall locate and identify, and shall mark and keep marked, the boundaries of all lands allocated to that agency or under...
N.C. Gen. Stat. § 146-34. Agencies may establish agreed boundaries
Every State agency may establish agreed boundaries between lands allocated to it or under its control, and the lands of any other owner, subject...
N.C. Gen. Stat. § 146-35. Severance approval delegation
The Governor, acting with the approval of the Council of State, may adopt rules and regulations delegating to any other State agency the authority...
N.C. Gen. Stat. § 146-36. Acquisitions for and conveyances to federal government
The Governor and Council of State may, whenever they find that it is in the best interest of the State to do so, enter...

Article 9 - General Provisions.

N.C. Gen. Stat. § 146-37. Intent of Subchapter
It is the purpose and intent of this Subchapter to protect vested rights, titles, and interests acquired under the laws governing entries and grants...
N.C. Gen. Stat. § 146-38. Pending entries
All entries which have been filed with entry-takers within one year prior to June 2, 1959, or filed more than one year prior to...
N.C. Gen. Stat. § 146-39. Void grants; not color of title
Every entry made and every grant issued for any lands not authorized by G.S. 146-1 through 146-77, as those sections read immediately prior to...

Article 10 - Surveys.

N.C. Gen. Stat. § 146-40. Record of surveys to be kept
The county commissioners of the several counties of the State shall provide a suitable book or books for recording of surveys of entries of...
N.C. Gen. Stat. § 146-41. Former surveys recorded
Where any ex-surveyor of a county is alive and has correct minutes or notes of surveys of land on entries made by him during...
N.C. Gen. Stat. § 146-42. What record must show; received as evidence
All surveys so recorded in such book shall show the number of the tract of land, the name of the party entering, and the...

Article 11 - Grants.

N.C. Gen. Stat. § 146-43. Cutting timber on land before obtaining a grant
If any person shall make an entry of any lands, and before perfecting title to same shall enter upon such lands and cut therefrom...
N.C. Gen. Stat. § 146-44. Card index system for grants
The Secretary of State shall install in his office a card index system for grants, and every warrant, plot, and survey that can be...
N.C. Gen. Stat. § 146-45. Grant of Moore's Creek Battlefield authorized
In conjunction with an act of Congress relating to the establishment of the Moore's Creek National Military Park (June 2, 1926, c. 448, s....

Article 12 - Correction of Grants.

N.C. Gen. Stat. § 146-46. When grants may issue
In any case where, under the provisions of this Subchapter, the Secretary of State is authorized to issue a grant or a duplicate grant...
N.C. Gen. Stat. § 146-47. Change of county line before grant issued or registered
All grants issued on entries for lands which were entered in one county, and before the issuing of the grants therefor or the registration...
N.C. Gen. Stat. § 146-48. Entries in wrong county
Whereas many citizens of the State, on making entries of lands near the lines of the county wherein they reside, either for want of...
N.C. Gen. Stat. § 146-49. Errors in surveys of plots corrected
Whenever there may be an error by the surveyor in plotting or making out the certificate for the Secretary's office, or whenever the Secretary...
N.C. Gen. Stat. § 146-50. Resurvey of lands to correct grants
Persons who have entered vacant lands shall not be defeated in their just claims by mistakes or errors in the surveys and plots furnished...
N.C. Gen. Stat. § 146-51. Lost seal replaced
In all cases where the seal annexed to a grant is lost or destroyed, the Governor may, on the certificate of the Secretary of...
N.C. Gen. Stat. § 146-52. Errors in grants corrected
If in issuing any grant the number of the grant or the name of the grantee or any material words or figures suggested by...
N.C. Gen. Stat. § 146-53. Irregular entries validated
Wherever persons have, prior to January 1, 1883, irregularly entered lands and have paid the fees required by law to the Secretary of State,...
N.C. Gen. Stat. § 146-54. Grant signed by deputy Secretary of State validated
Where State grants have heretofore been issued and the name of the Secretary of State has been affixed thereto by his deputy or chief...
N.C. Gen. Stat. § 146-55. Registration of grants
Every person obtaining a grant shall, within two years after such grant is perfected, cause the same to be registered in the county where...
N.C. Gen. Stat. § 146-56. Time for registering grants extended
All grants from the State of North Carolina of lands and interests in land heretofore made, which were required or allowed to be registered...
N.C. Gen. Stat. § 146-57. Time for registering grants and other instruments extended
The time is hereby extended until September 1, 1926, for the proving and registering of all deeds of gift, grants from the State, or...
N.C. Gen. Stat. § 146-58. Time for registering grants further extended
The time for the registration of grants issued by the State of North Carolina is hereby extended for a period of two years from...
N.C. Gen. Stat. § 146-59. Time for registering grants or copies extended
The time for the registration of grants issued by the State of North Carolina, or copies of such grants duly certified by the Secretary...
N.C. Gen. Stat. § 146-60. Further extension of time for registering grants or copies for two years from January 1, 1947
The time for the registration of grants issued by the State of North Carolina, or copies of such grants duly certified by the Secretary...
N.C. Gen. Stat. § 146-60.1. Further extension of time for registering grants or copies for four years from January 1, 1977
The time for the registration of grants issued by the State of North Carolina, or copies of such grants duly certified by the Secretary...

Article 13 - Grants Vacated.

N.C. Gen. Stat. § 146-61. Civil action to vacate grant
When any person claiming title to lands under a grant or patent from the King of Great Britain, any of the lords proprietors of...
N.C. Gen. Stat. § 146-62. Judgment recorded in Secretary of State's office
If, upon verdict or demurrer, the court believe that the patent or grant was made against law or obtained by fraud, surprise, or upon...
N.C. Gen. Stat. § 146-63. Action by State to vacate grants
An action may be brought by the Attorney General in the name of the State for the purpose of vacating or annulling letters patent...

Article 14 - General Provisions.

N.C. Gen. Stat. § 146-64. Definitions
As used in this Chapter: (1) "Acquired lands" means all State lands, title to which has been acquired by the State or by any...
N.C. Gen. Stat. § 146-65. Exemptions from Chapter
This Chapter does not apply to any of the following: (1) The acquisition of highway rights-of-way, borrow pits, or other interests or estates in...
N.C. Gen. Stat. § 146-66. Voidability of transactions contrary to Chapter
Any sale, lease, rental, or other disposition of State lands or of any interest or right therein, made or entered into contrary to the...
N.C. Gen. Stat. § 146-67. Governor to employ persons
The Governor may employ persons to perform such services as may be necessary to carry out the provisions of this Chapter, and he shall...
N.C. Gen. Stat. § 146-68. Statutes of limitation
The provisions of G.S. 1-35, 1-36, and 1-37 are made applicable to this Chapter. (1959, c. 683, s. 1.)
N.C. Gen. Stat. § 146-69. Service on State in land actions
In all actions and special proceedings brought by or against the State or any State agency with respect to State land or any interest...
N.C. Gen. Stat. § 146-70. Institution of land actions by the State
Every action or special proceeding in behalf of the State or any State agency with respect to State lands or any interest therein, or...

Article 15 - State Land Fund.

N.C. Gen. Stat. § 146-71. State Land Fund created
The State Land Fund, which is hereby created, shall consist of the moneys required by this Chapter to be paid into that fund, together...
N.C. Gen. Stat. § 146-72. Purpose
The State Land Fund may, in accordance with rules and regulations adopted by the Governor and approved by the Council of State, be used...
N.C. Gen. Stat. § 146-73. Administration
The State Land Fund shall be administered by the Department of Administration, in accordance with rules and regulations adopted by the Governor and approved...

Article 16 - Form of Conveyances.

N.C. Gen. Stat. § 146-74. Approval of conveyances
Every proposed conveyance in fee, including conveyances by gift, of State lands shall be submitted to the Governor and Council of State for their...
N.C. Gen. Stat. § 146-75. Execution; signature; attestation; seal
Each such conveyance in fee shall be in the usual form of deeds of conveyance of real property and shall be executed in the...
N.C. Gen. Stat. § 146-76. Exclusive method of conveying State lands
The manner and method of conveying State lands herein set out shall be the exclusive and only method of conveying State lands in fee....
N.C. Gen. Stat. § 146-77. Admission to registration in counties
Each such conveyance shall be admitted to registration in the several counties of the State upon the probate required by law for deeds of...
N.C. Gen. Stat. § 146-78. Validation of conveyances of state-owned lands
All conveyances heretofore made by the Governor, attested by the Secretary of State, and authorized by the Council of State, in the manner provided...

Article 17 - Title in State.

N.C. Gen. Stat. § 146-79. Title presumed in the State; tax titles
In all controversies and suits for any land to which the State or any State agency or its assigns shall be a party, the...
N.C. Gen. Stat. § 146-80. Statute of limitations
No statute of limitations shall affect the title or mar the action of the State, or of any State agency, or of its assigns,...
N.C. Gen. Stat. § 146-81. Title to lands sold for taxes
The title to all land acquired by the State by virtue of being sold for taxes is hereby vested in the State of North...
N.C. Gen. Stat. § 146-82. Protection of interest in lands sold for taxes
Whenever any lands in which the State of North Carolina or any State agency has an interest, by way of mortgage or otherwise, are...

Article 18 - Miscellaneous.

N.C. Gen. Stat. § 146-83. Vested rights protected
No provision of this Chapter shall be applied or construed to the detriment of vested rights, interests, or estates of any private individual, firm,...

Last modified: March 23, 2014