|
j
<br /> §153A-241 CH. 153A. COUNTIES §153A-241
<br /> in at least one newspaper of general circulation published in the
<br /> county. After naming or renaming a public road, or assigning or
<br /> reassigning street numbers on a public road, a county shall cause
<br /> notice of its action to be given to the local postmaster with jurisdic-
<br /> tion over the road, to the Board of Transportation, and to any city
<br /> within five miles of the road. (1957, c. 1068; 1973,c. 507, s. 5; c. 822,
<br /> S. 1; 1981, cc. 112, 518; 1987, c. 28, s. 2.)
<br /> Local Modification. - Alamance: certain unincorporated areas of counties
<br /> 1987 (Reg, Sess., 1988), c. 900; 1989, c. excepted from the application of this sec-
<br /> 335,s. 1; Avery: 1983,c. 98; Brunswick: tion, see § 153A-239J.
<br /> 1979, 2nd Sess., c. 1319; 1983, c. 98; Editor's Note.-Session Laws 1971,
<br /> Cabarrus: 1981, c, 568, amending 1979, c. 1319, s. 1, as amended from time to
<br /> 2nd Sess" c. 1319; 1983, c, 98; Cleve- time, excepts the following counties
<br /> land: 198" (Reg. Sess., 1988), C. 906; from the application of this section:
<br /> 1989, c. 156, s. 1; Forsyth: 1981, c. 558; Alamance, Avery, Brunswick, Burke,
<br /> Guilford: 1979, c. 283; McDowell: 1989, Cabarrus, Cleveland, Henderson, Mc-
<br /> c. 335, s. 1; New Hanover: 1983, c. 98-
<br /> I Dowell, New Hanover, Pender, Ran-
<br /> Stokes: 1983, c. 299; 1989, c, 335, s. 1;
<br /> Surry: 1983, c. 299; Wake (Incorporated dclph,Sampson,Stokes and Surry Coun-
<br /> municipalities therein, only): 1989, c. ties. See Cross Reference above.
<br /> 511, a. 1. The catchline of this section has been
<br /> Cross References. - As to naming modified at the direction of the Revisor
<br /> roads and assigning street numbers in of Statutes.
<br /> § 153A-241. Closing public roads or easements.
<br /> A county may permanently close any public road or any ease-
<br /> ment within the county and not within a city, except public roads or
<br /> easements for public roads under the control and supervision of the
<br /> Department of Transportation. The board of commissioners shall
<br /> first adopt a resolution declaring its intent to close the public road
<br /> or easement and calling a public hearing on the question.The board
<br /> shall cause the resolution to be published once a week for four
<br /> successive weeks before the hearing, a copy of the resolution to be
<br /> sent by registered or certified mail to each owner as shown on the
<br /> county tax records of property adjoining the public road or ease-
<br /> ment who did not join in the request to have the road or easement
<br /> closed, and a notice of the closing and public hearing to be promi-
<br /> nently posted in at least two places along the road or easement. At
<br /> the hearing the board shall hear all interested persons who appear
<br /> with respect to whether the closing would be detrimental to the
<br /> public interest or to any individual property rights. If, after the
<br /> hearing, the board of commissioners is satisfied that closing the
<br /> public road or easement is not contrary to the public interest and
<br /> (in the case of a road) that no individual owning property in the
<br /> vicinity of the road or in the subdivision in which it is located would
<br /> thereby be deprived of reasonable means of ingress and egress to
<br /> his property, the board may adopt an order closing the road or
<br /> easement. A certified copy of the order (or judgment of the court)
<br /> shall-be filed in the office of the register of deeds of the county.
<br /> Any person aggrieved by the closing of a public road or an ease- __ .= :
<br /> ment may appeal the board of commissioners'order to the appropri-
<br /> ate division of the General Court of Justice within 30 days after the
<br /> day the order is adopted. The court shall hear the matter de novo
<br /> and has jurisdiction to try the issues arising and to order the road
<br /> or easement closed upon proper findings of fact by the trier of fact.
<br /> 116
<br />
|