GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2025

H                                                                                                                                                    1

HOUSE BILL 15

Short Title:      Support Private Property Rights.		(Public)
Sponsors:	Representatives Hastings, Paré, Zenger, and Scott (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Rules, Calendar, and Operations of the House

January 30, 2025

A BILL TO BE ENTITLED

AN ACT TO CLARIFY THAT THE INCLUSION OF REAL PROPERTY ON A COMPREHENSIVE TRANSPORTATION PLAN IS NOT A REQUIRED DISCLOSURE OR A MATERIAL FACT FOR THE PURPOSES OF DISCLOSURE FOR REAL ESTATE TRANSACTIONS.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 9 of Chapter 39 of the General Statutes is amended by adding a new section to read:

"§ 39‑51.  Inclusion of real property in a comprehensive transportation plan not a material fact.

(a) For purposes of this section, the term "financially constrained" is as defined in 23 C.F.R. § 450.104.

(b) The mere fact that real property, or any portion thereof, is included in a comprehensive transportation plan that is not financially constrained adopted pursuant to G.S. 136‑66.2 or G.S. 136‑212, or in accordance with 23 U.S.C. § 134 or 135, shall not, standing alone, be deemed material. This subsection shall apply to all of the following:

(1) Offering real property for conveyance, lease, or exchange.

(2) Any other real estate transaction, including those listed in G.S. 47E‑1(1) through (4).

A party to the conveyance, lease, exchange, or transaction, or an agent of any said party, shall not knowingly make a false statement regarding the property's inclusion on any transportation plan."

SECTION 2.  G.S. 47E‑4 reads as rewritten:

"§ 47E‑4.  Required disclosures.

…

(b3) The inclusion of real property in a comprehensive transportation plan that is not financially constrained adopted pursuant to G.S. 136‑66.2 or G.S. 136‑212, or in accordance with 23 U.S.C. § 134 or 135, shall not be considered a required disclosure as provided in this section, provided, however, that no person subject to this Chapter, or an agent of a person subject to this Chapter, shall knowingly make a false statement regarding any such fact. For purposes of this subsection, the term "financially constrained" is as defined in 23 C.F.R. § 450.104.

…."

SECTION 3.  This act becomes effective October 1, 2025, and applies to claims for relief filed on or after that date.