Agenda - 04-21-1998 - 7a - Laserfiche WebLink

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NC ST f 153A -241, Closing public roads or emine cts *28694 G.S. § 153A -241 WEST'S NORTH CAROLINA STATUTES CHAPTER 153A. COUNTIES ARTICLE 12. ROADS AND BRIDGES Current through Lind of 1996 Legislation 153A -241. Cloning public reads or easements A county may permanently close any public mad or any easement within the county and not within a city, except public roads or easements for public roads under the control and supervision of the Dupattment of Ttanspo"ion. The board of commissioners shall first adopt a resolution declaring its intent to c1me the public mad or easement and calling a public hearing on the question. The board shall cause a notice of tllc public hearing reasonably calculated to give full and fair disclosure of the proposed closing to be publishutl aria; it week for thmv succussive woks bel'ore the hearing, a copy of the resolution to be sent by registered or certified rnad to each owner as shown on the county tax records of property adjoining the public road or easement who did not join in the request to have the road or easement closed, and a notice of the closing and public hearing to be prominently posted in at least two places along the road or easement. At the hearing the hoard .hall hear all interested persons who appear with respect to whether the closing would be detrimental to the public interest or to any individual property rights. If, after the heating, the board of commissioners is satisfied that closing the public road or easement is not contrary to the public interest and (in the case of a road) that no individual owning property in the vicinity of the road or in the subdivision in which it is located would thereby be deprived of nmsonable means of ingress and egresc to his property, the board may atkrpt an order closing the road or D easement. A certified copy of the order (or judgment of the court) shall be filed in the office of the register of deeds of the county. Any person aggrieved by the closing of a public road or an easement may appeal the board of commissioners' order to the appropriate division cif the General Court of Justice within 30 days after the day the order is adopted. The court shall hear the matter de novo and has jurisdiction to try the issues arising and to order the road or easement closed upon proper findings of fact by the trier of fact. No cause of action founded upon the invalidity of a proceeding taken in closing a public road or an easement may be asserted except in an action or pruc mding begun within 30 days after the day the order is adopted. '28695 LJpon the closing of a public road or an easement pursuant to this section, all right, title, and interest in the right -of -way is vested in those persons owning lots or parcels of land adjacent to the road or easement, and the title of each adjoining landowner, for the width of his abutting land, extends to the center line of the public road or easement. However, the right, title or interest vested in an adjoining landowner by this paragraph remains subject to any public utility use or facility located on, over, or under the road or casement immediately before its closing, until the landowner or any successor thereto pay. to the utility involved the reasonable cost of removing and relocating the facility. Amended by Laws 1995, e. 374, 41, eff July 5, 1995. HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES awe 199.1. c 76, § I, =vended this wctkm w qgp itmblc w Durban County. Search this disc for cases citing this section. Copyright (c) West publishing Co. 1997 No claim to original U.S. Govt. works.