What are the legal requirements related to the acquisition and disposal of public lands?

In North Carolina, the General Assembly is responsible for the acquisition and disposal of public lands. All transactions relating to the acquisition and disposal of public lands must be conducted in accordance with Federal and State laws and regulations. For acquisition, the process starts with the county board of commissioners. The board first has to approve the acquisition of the land, and then the local government entity must prepare an agreement for the acquisition of the land. This agreement must be approved by the governing board of the county. The governing board must then submit the agreement to the Clerk of the court for recording. Once the agreement has been recorded, the local government entity then has to obtain a Certificate of Approval from the North Carolina Department of Environmental Quality. Once this has been obtained, the local government entity may begin the process of acquiring the public land. The process for disposal of public lands is similar to the process for acquisition. First, the county board of commissioners has to approve the disposal of the public land and then the local government entity must prepare an agreement for the disposal of the land. The governing board must then submit the agreement to the Clerk of the court for recording. After the agreement has been recorded, the local government entity must obtain a Certificate of Disposal from the North Carolina Department of Environmental Quality. Once this has been obtained, the land may be disposed of.

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