GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

SESSION LAW 2015-120

SENATE BILL 174

AN ACT to provide that the city of wilmington may lease from the Department of transportation the department's interest in a portion of the former csx Transportation Rail corridor within the limits of that city.

The General Assembly of North Carolina enacts:

SECTION 1.  The City of Wilmington and the North Carolina Department of Transportation are authorized to enter into a lease agreement for interim public recreation use of that portion of the Department's interest in the portion of the right‑of‑way of the former CSX Transportation corridor known as the Wilmington Downtown Lead from its intersection with 3rd Street to its intersection with McRae Street, provided that all of the following conditions are met:

(1)        The City of Wilmington will examine title to the real property comprising the above described portion of rail corridor and identify all persons owning an interest in the real property comprising the rail corridor portion to be leased.

(2)        All persons owning an interest in the real property comprising the rail corridor portion to be leased will be parties to the lease.

(3)        The City of Wilmington has requested use of the portion of the rail corridor described in this act for interim public recreational trail use and agrees in writing to assume all development costs as well as management, security, and liability responsibilities as defined by the Department of Environment and Natural Resources and the Department of Transportation.

(4)        The Department of Transportation determines that there will not likely be a need to resume active rail service in the leased portion of the rail corridor for at least 10 years.

(5)        The lease agreement allowing trail use includes terms for resumption of active rail use which will assure unbroken continuation of the corridor's perpetual use for railroad purposes and interim compatible uses.

(6)        Use of the rail corridor or portions thereof as a recreational trail does not interfere with the ultimate transportation purposes of the corridor as determined by the Department of Transportation.

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 25^th day of June, 2015.

                                                                    s/  Philip E. Berger

                                                                         President Pro Tempore of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Pat McCrory

                                                                         Governor

Approved 4:00 p.m. this 29^th day of June, 2015