North Carolina HB 15: Various Emergency Management Changes.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 15

Short Title: Support Private Property Rights. (Public)
Sponsors: Representatives Hastings, Paré, Zenger, and Scott (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
January 30, 2025
*H15-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO CLARIFY THAT THE INCLUSION OF REAL PROPERTY ON A 2
COMPREHENSIVE TRANSPORTATION PLAN IS NOT A REQUIRED DISCLOSURE 3
OR A MATERIAL FACT FOR THE PURPOSES OF DISCLOSURE FOR REAL ESTATE 4
TRANSACTIONS. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. Article 9 of Chapter 39 of the General Statutes is amended by adding 7
a new section to read: 8
"§ 39-51. Inclusion of real property in a comprehensive transportation plan not a material 9
fact. 10
(a) For purposes of this section, the term "financially constrained" is as defined in 23 11
C.F.R. § 450.104. 12
(b) The mere fact that real property, or any portion thereof, is included in a 13
comprehensive transportation plan that is not financially constrained adopted pursuant to 14
G.S. 136-66.2 or G.S. 136-212, or in accordance with 23 U.S.C. § 134 or 135, shall not, standing 15
alone, be deemed material. This subsection shall apply to all of the following: 16
(1) Offering real property for conveyance, lease, or exchange. 17
(2) Any other real estate transaction, including those listed in G.S. 47E-1(1) 18
through (4). 19
A party to the conveyance, lease, exchange, or transaction, or an agent of any said party, shall 20
not knowingly make a false statement regarding the property's inclusion on any transportation 21
plan." 22
SECTION 2. G.S. 47E-4 reads as rewritten: 23
"§ 47E-4. Required disclosures. 24
... 25
(b3) The inclusion of real property in a comprehensive transportation plan that is not 26
financially constrained adopted pursuant to G.S. 136-66.2 or G.S. 136-212, or in accordance with 27
23 U.S.C. § 134 or 135, shall not be considered a required disclosure as provided in this section, 28
provided, however, that no person subject to this Chapter, or an agent of a person subject to this 29
Chapter, shall knowingly make a false statement regarding any such fact. For purposes of this 30
subsection, the term "financially constrained" is as defined in 23 C.F.R. § 450.104. 31
...." 32
SECTION 3. This act becomes effective October 1, 2025, and applies to claims for 33
relief filed on or after that date. 34