(a)        The Division of Prisons of the Department of Adult Correction shall subject to the provisions of N.C. Gen. Stat. § 143-341, have control and custody of all unexpended surplus highway funds previously allocated for prison purposes and all property of every kind and description now used by or considered a part of units of the State prison system, except vehicles used on a rental basis. The property coming within the provisions of this section shall be identified and agreed upon by the executive heads of the highway and prison systems, or by their duly authorized representatives. The Governor shall have final authority to decide whether or not particular property shall be transferred to the Division of Prisons of the Department of Adult Correction in event the executive heads of the two systems are unable to agree.

(b)        Property, both real and personal, deemed by the Division of Prisons of the Department of Adult Correction to be necessary or convenient in the operation of the State prison system may, subject to the provisions of N.C. Gen. Stat. § 143-341, be acquired by gift, devise, purchase, or lease. The Division of Prisons of the Department of Adult Correction may, subject to the provisions of N.C. Gen. Stat. § 143-341, dispose of any prison property, either real or personal, or any interest or estate therein. ?(1901, c. 472, ss. 2, 6; Rev., s. 5392; C.S., s. 7705; 1925, c. 163; 1933, c. 172, s. 18; 1943, c. 409; 1957, c. 349, s. 3; 1967, c. 996, s. 13; 2011-145, s. 19.1(h); 2012-83, s. 61; 2017-186, s. 2(uuuuuu); 2021-180, s. 19C.9(p).)

Terms Used In North Carolina General Statutes 148-3

  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • 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