NC General Statutes

N.C. Gen. Stat. § 146-23 (2026)

Agency must file statement of needs; Department must investigate

✓ current as of July 2026

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Any State agency desiring to acquire land, whether by purchase, condemnation, lease, or rental, shall file with the Department of Administration an application setting forth its needs, and shall furnish such additional information as the Department may request relating thereto. Upon receipt of such application, the Department of Administration shall promptly investigate all aspects of the requested acquisition, including the existence of actual need for the requested property on the part of the requesting agency; the availability of land already owned by the State or by any State agency which might meet the requirements of the requesting agency; the availability, value, and status of title of other land, whether for purchase, condemnation, lease, or rental, which might meet the requirements of the requesting agency; and the availability of funds to pay for land if purchased, condemned, leased, or rented. In investigating the availability of land already owned by the State or by any State agency which might meet the requirements of the requesting agency, the Department of Administration shall review the utilization information maintained in the real property inventories pursuant to G.S. 143-341(4). The Department of Administration may make acquisitions at the request of the Governor and Council of State upon compliance with the investigation herein required. (1957, c. 584, s. 6; G.S., s. 146-104; 1959, c. 683, s. 1; 1969, c. 1091, s. 2; 2016-119, s. 3(a).)

Notes of Decisions

Cited in 3 cases, 1969–1999 · leading case: State v. Johnson, 179 S.E.2d 371 (N.C. 1971).

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State v. Johnson, 179 S.E.2d 371 (N.C. 1971). · cites it 3× “G.S. § 146-23 and § 146-24 provide, in substance, that a State agency desiring to acquire land must file a statement of needs with the Department of Administration, and that department must then investigate "all aspects of the requested acquisition.”

State v. Core Banks Club Props., Inc., 167 S.E.2d 385 (N.C. 1969). “(2) Department ■“must investigate all aspects of the requested acquisition” (including the availability of the necessary funds) as detailed in G.S. 146-23. (3) After investigation, Department must determine that the best interests of the State require that the land be acquired.”

State v. Coastland Corp., 517 S.E.2d 655 (N.C. Ct. App. 1999). · cites it 10× “” When DOA receives the application, it must “investigate all aspects of the requested acquisition” and determine (1) the actual need for the property; (2) availability of other land already owned by the State; (3) availability of other land not owned by the State but which…”

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