Bill
HB 15
The bill clarifies that property inclusion in unfunded or illustrative transportation plans is not a material disclosure in real estate transactions.
Status (as introduced)
- Short title: Support Private Property Rights
- Subject areas: Commerce; Notification; Property; Public; Real Estate; Transportation
- Jurisdiction: North Carolina (amends Chapter 39 and Chapter 47E)
- Bill action: Introduced and considered in the House; referred for further action in the Senate. (If enacted, the bill text states an effective date of October 1, 2025 and that it applies to claims filed on or after that date.)
Purpose and intent
- To clarify that the mere inclusion of land (or any portion of it) in a comprehensive transportation plan that is not “financially constrained” is not, by itself, a “material fact” that must be disclosed in residential or other real estate transactions. The aim is to limit sellers’ or listing agents’ disclosure obligations regarding such plan inclusion and reduce liability tied solely to plan listings that lack funding certainty.
Key provisions
- Adds a new G.S. § 39-51:
- Defines “financially constrained” by reference to 23 C.F.R. § 450.104 (the federal planning regulation definition).
- Provides that inclusion of property in a comprehensive transportation plan that is not financially constrained (i.e., an unfunded or illustrative plan) “shall not, standing alone, be deemed material” for purposes of real estate transactions such as sale, lease, exchange, or other transactions listed in state disclosure statutes.
- Makes it unlawful for a party or their agent to knowingly make a false statement regarding whether property is included on any transportation plan.
- Amends G.S. 47E‑4 (required seller disclosures) by adding subsection (b3) to reflect that inclusion in a non‑financially constrained transportation plan is not a required disclosure — while retaining a prohibition on knowingly false statements.
Who would be affected
- Sellers and listing agents: reduces the circumstances under which they must disclose plan inclusion and could lower exposure to claims based solely on inclusion in unfunded plans.
- Buyers and tenants: may receive less mandatory disclosure about properties that are shown in illustrative/unfunded transportation plans; access to that information may depend on due diligence or public plan review.
- Real estate brokers and attorneys: modifies compliance expectations for required disclosures and client counseling.
- Local governments and transportation planners: reduces the risk that inclusion of property in early-stage or illustrative planning documents will trigger disclosure obligations tied to real estate transactions.
- Lenders, developers, and other stakeholders: may be indirectly affected in property valuation or transaction negotiations.
Practical effects and policy considerations
- Clarifies distinction between illustrative or long‑range planning (often unfunded) and projects included in financially constrained (funded or committed) plans; only the latter may still be considered material in practice.
- Could reduce defensive litigation/claims against sellers and agents about speculative planning maps, while shifting the onus to buyers to check funded project status.
- Preserves a prohibition on intentional misstatements, so affirmative lying about plan status remains illegal.
Procedural/timeline notes
- Bill text specifies an effective date of October 1, 2025 and that the act applies to claims filed on or after that date (if enacted). As of the latest text, the measure has moved through House consideration and been transmitted to the Senate for further action.
Reference points
- Federal planning references: 23 U.S.C. § 134/135 and 23 C.F.R. § 450.104 (definition of “financially constrained”) — used by the bill to establish which transportation plans are covered.
Compiled from official sources — confirm details with the bill’s official record.
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