North Carolina General Statutes 146-32. Exemptions as to leases, etc
(a) The Governor, acting with the approval of the Council of State, may adopt rules and regulations:
(1) Exempting from any or all of the requirements of this Subchapter such classes of lease, rental, easement, and right-of-way transactions as he deems advisable; and
Terms Used In North Carolina General Statutes 146-32
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- State agency: includes every agency, institution, board, commission, bureau, council, department, division, officer, and employee of the State, but does not include counties, municipal corporations, political subdivisions of the State, county or city boards of education, or other local public bodies. See North Carolina General Statutes 146-64
(2) Authorizing any State agency to enter into and/or approve those classes of transactions exempted by such rules and regulations from the requirements of this Chapter.
(3) No rule or regulation adopted under this section may exempt from the provisions of N.C. Gen. Stat. § 146-25.1 any class of lease or rental which has a duration of more than 21 days, unless the class of lease or rental:
a. Is a lease or rental necessitated by a fire, flood, or other disaster that forces the agency seeking the new lease or rental to cease use of real property;
b. Is a lease or rental necessitated because an agency had intended to move to new or renovated real property that was not completed when planned, but a lease or rental exempted under this subparagraph may not be for a period of more than six months; or
c. Is a lease or rental which requires a unique location or a location that adjoins or is in close proximity to an existing rental location.
(b) No rule or regulation adopted pursuant to subsection (a) of this section may exempt any lease from the provisions of N.C. Gen. Stat. § 146-25(b) or N.C. Gen. Stat. § 146-29(b) or (c). (1959, c. 683, s. 1; 1983 (Reg. Sess., 1984), c. 1116, s. 97; 1985, c. 479, s. 173; 1999-252, s. 3; 1999-456, s. 38; 2016-94, s. 37.7(e).)