§ 146-25.1. Proposals to be secured for leases. - North Carolina Statutes

§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 thebest interest of the State to lease or rent land and the rental is estimated toexceed twenty‑five thousand dollars ($25,000) per year or the term willexceed three years, the Department shall require the State agency desiring torent land to prepare and submit for its approval a set of specifications forits needs. Upon approval of specifications, the Department shall prepare apublic advertisement. The State agency shall place such advertisement in anewspaper of general circulation in the county for proposals from prospectivelessors of said land and shall make such other distribution thereof as theDepartment directs. The advertisement shall be run for at least fiveconsecutive days, and shall provide that proposals shall be received for atleast seven days from the date of the last advertisement in the State PropertyOffice of the Department. The provisions of this section do not apply toproperty owned by governmental agencies and leased to other governmentalagencies.

(b)        The Department maynegotiate with the prospective lessors for leasing of the needed land, takinginto account not only the rental offered, but the type of land, the location,its suitability for the purposes, services offered by the lessor, and all otherrelevant factors. In the event either no proposal or no acceptable proposal isreceived after advertising in accordance with subsection (a) of this section,the Department may negotiate in the open market for leasing of the needed land.

(c)        The Department ofAdministration shall present the proposed transaction to the Council of Statefor its consideration as provided by this Article. In the event the lowestrental proposed is not presented to the Council of State, that body may requirea statement of justification, and may examine all proposals. (1973,c. 1448; 1975, c. 523; 1977, c. 485; 1979, c. 43, s. 1; 1983 (Reg. Sess.,1984), c. 1116, s. 97; 1999‑252, s. 1.)