13 | 13 | | A BILL TO BE ENTITLED 1 |
---|
14 | 14 | | AN ACT TO CLARIFY THAT THE INCLUSION OF REAL PROPERTY ON A 2 |
---|
15 | 15 | | COMPREHENSIVE TRANSPORTATION PLAN IS NOT A REQUIRED DISCLOSURE 3 |
---|
16 | 16 | | OR A MATERIAL FACT FOR THE PURPOSES OF DISCLOSURE FOR REAL ESTATE 4 |
---|
17 | 17 | | TRANSACTIONS. 5 |
---|
18 | 18 | | The General Assembly of North Carolina enacts: 6 |
---|
19 | 19 | | SECTION 1. Article 9 of Chapter 39 of the General Statutes is amended by adding 7 |
---|
20 | 20 | | a new section to read: 8 |
---|
21 | 21 | | "§ 39-51. Inclusion of real property in a comprehensive transportation plan not a material 9 |
---|
22 | 22 | | fact. 10 |
---|
23 | 23 | | (a) For purposes of this section, the term "financially constrained" is as defined in 23 11 |
---|
24 | 24 | | C.F.R. § 450.104. 12 |
---|
25 | 25 | | (b) The mere fact that real property, or any portion thereof, is included in a 13 |
---|
26 | 26 | | comprehensive transportation plan that is not financially constrained adopted pursuant to 14 |
---|
27 | 27 | | 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 |
---|
28 | 28 | | alone, be deemed material. This subsection shall apply to all of the following: 16 |
---|
29 | 29 | | (1) Offering real property for conveyance, lease, or exchange. 17 |
---|
30 | 30 | | (2) Any other real estate transaction, including those listed in G.S. 47E-1(1) 18 |
---|
31 | 31 | | through (4). 19 |
---|
32 | 32 | | A party to the conveyance, lease, exchange, or transaction, or an agent of any said party, shall 20 |
---|
33 | 33 | | not knowingly make a false statement regarding the property's inclusion on any transportation 21 |
---|
34 | 34 | | plan." 22 |
---|
35 | 35 | | SECTION 2. G.S. 47E-4 reads as rewritten: 23 |
---|
36 | 36 | | "§ 47E-4. Required disclosures. 24 |
---|
37 | 37 | | … 25 |
---|
38 | 38 | | (b3) The inclusion of real property in a comprehensive transportation plan that is not 26 |
---|
39 | 39 | | financially constrained adopted pursuant to G.S. 136-66.2 or G.S. 136-212, or in accordance with 27 |
---|
40 | 40 | | 23 U.S.C. § 134 or 135, shall not be considered a required disclosure as provided in this section, 28 |
---|
41 | 41 | | provided, however, that no person subject to this Chapter, or an agent of a person subject to this 29 |
---|
42 | 42 | | Chapter, shall knowingly make a false statement regarding any such fact. For purposes of this 30 |
---|
43 | 43 | | subsection, the term "financially constrained" is as defined in 23 C.F.R. § 450.104. 31 |
---|
44 | 44 | | …." 32 |
---|
45 | 45 | | SECTION 3. This act becomes effective October 1, 2025, and applies to claims for 33 |
---|
46 | 46 | | relief filed on or after that date. 34 |
---|