It shall be the policy of this State to conserve and protect its lands and waters for the benefit of all its citizenry, and to this end it shall be a proper function of the State of North Carolina and its political subdivisions to acquire and preserve park, recreational, and scenic areas, to control and limit the pollution of our air and water, to control excessive noise, and in every other appropriate way to preserve as a part of the common heritage of this State its forests, wetlands, estuaries, beaches, historical sites, openlands, and places of beauty.
To accomplish the aforementioned public purposes, the State and its counties, cities and towns, and other units of local government may acquire by purchase or gift properties or interests in properties which shall, upon their special dedication to and acceptance by a law enacted by a vote of three-fifths of the members of each house of the General Assembly for those public purposes, constitute part of the "State Nature and Historic Preserve," and which shall not be used for other purposes except as authorized by law enacted by a vote of three-fifths of the members of each house of the General Assembly. The General Assembly shall prescribe by general law the conditions and procedures under which such properties or interests therein shall be dedicated for the aforementioned public purposes.
(1971, c. 630, s. 1; 1999-268, s. 3; 2001-217, s. 3; 2002-3 (Extra Session), s. 1.)
Cross References. - As to the Coastal Reserve Program, see G.S. 113A-129.2.
Editor's Note. - This section was added by the constitutional amendment adopted by vote of the people at the general election held Nov. 7, 1972.
Session Laws 1971, c. 630, s. 4, made the section effective July 1, 1973.
Session Laws 1999-268, s. 4, as amended by Session Laws 2001-217, s. 3, and as amended by Session Laws 2002-3 (Extra Session), s. 1, provides that the amendment set out in Section 3 of the act shall be submitted to the qualified voters of the State at the statewide general election in 2002, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:
"[ ] FOR [ ] AGAINST
"Constitutional amendment making a technical correction to allow dedication and acceptance of property into the State Nature and Historic Preserve by the General Assembly by enactment of a bill rather than a joint resolution."
Session Laws 1999-268, s. 5, provides that if a majority of the votes cast on the question are in favor of the amendment set out in Section 3 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The amendment becomes effective upon this certification. The Secretary of State shall enroll the amendment so certified among the permanent records of that office.
The constitutional amendment was approved by the voters at the general election on November 5, 2002, and the results were certified by the State Board of Elections on November 19, 2002.
Legal Periodicals. - For article, "The Pearl in the Oyster: The Public Trust Doctrine in North Carolina," see 12 Campbell L. Rev. 23 (1989).
For a note on environmental protection provisions in state constitutions, see 46 Duke L.J. 1169 (1997).
For comment, " 'Don't Know What a Slide Rule Is For': The Need for a Precise Definition of Public Purpose in North Carolina in the Wake of Kelo v. City of New London," see 28 Campbell L. Rev. 291 (2006).
For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007).
CASE NOTES
Cited in State ex rel. Rohrer v. Credle, 322 N.C. 522, 369 S.E.2d 825 (1988); Smith Chapel Baptist Church v. City of Durham, 348 N.C. 632, 502 S.E.2d 364 (1998); Parker v. New Hanover County, 173 N.C. App. 644, 619 S.E.2d 868 (2005).
Opinions of Attorney General
Three-Fifths Vote Not Necessary for Flowage Easement. - Dedication of Umstead State Park to the State Nature and Historic Preserve as authorized by this section does not require a vote of three-fifths of the members of each House of the General Assembly before a flowage easement may be granted to Wake County for flood control purposes. See opinion of Attorney General to Mr. Charles L. Holliday, State Building Division, 55 N.C.A.G. 105 (1986). Tue 01/29/2008 08:09 AMLP005 2008/01/31 14:58:45LP009 2008/01/31 14:59:00