Agenda - 02-06-1995 - VIII-L - Laserfiche WebLink

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I 9 §153A-241 ART. 12. ROADS AND BRIDGES §§'153A-241 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 proceeding begun within 30 days after the day the order is adopted. Upon 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 adjoin- ing landowner by this paragraph remains subject to any public utility use or facility located on, over, or under the road'or ease- ment immediately before its closing, until the landowner or any successor thereto pays to the utility involved the reasonable cost of removing and relocating the facility. (1949, c. 1208, ss. 1-3; 1957, c. 65, s. 11; 1965, cc. 665, 801; 1971, c. 595; 1973, c. 507, s. 5; c. 322, S. 1; 1977, c. 464, s. 34.) t Local Modification. - Guilford: within the boundaries of a dedicated 1979, c. 282; 1981, c. 59. street when use of the street is discon- f_ Legal Periodicals. - For note dis- tinued, see 45 N.C.L. Rev. 56.1 (1967). cussing the disposition of property CASE NOTES Editor's Note. - Some of the cases S.E.2d 309, cert. denied, 282 N.C. 151, cited below were decided under corre- 191 S.E.2d 601 (1972). sponding sections of former law. Restrictions on County's Power to ! Owners of property on a street Close a Way of Passage.-From this ; which is to be partially closed have section and 3 153A-239,it is clear that a an interest in the hearing on the re- county does not have the power to close quest to close the street. In re City of a way of passage which has not been Washington, 15 N.C. App. 505, 190 dedicated to the public or in which the S.E.2d 309, cert. denied, 282 N.C. 151, public has not acquired rights by pre- it 191 S.E.2d 601 (1972). scription. In re Easement of Right of is Legislative Intent as to Giving No- Way, 90 N.C. App. 303, 368 S.E.2d 639 f tice. - The true legislative intent is (1988)• !� that if a municipality wishes to close a The closing of a street must not de- street, or a part thereof, the notices re- pave a property owner of reason- quired must be given. Such an intent if able ingress or egress. Wofford v. North Carolina State Hwy.Comm'n,263 fair and just,because it affords all inter- t N.C. 677, ested parties an opportunity to be heard. . 50, 15 denied, 382 U.S. 82222,, 86 6 .2d S. Ct 5 In re City of Washington, 15 N.C. App. 0, 15 L. Ed. 2d 67 (1965). 505, 190 S.E.2d 309, cert. denied, 282 N.C. 151, 191 S.E.2d 601 (1972). An individual may restrain the Notice to Adjoining Property wrongful obstruction of a public Owners Not to Be Limited to Those way,of whatever origin,if he will suffer with Special. - The statute injury thereby distinct from the in- with convenience to the public generally, and requires notice by registered mail to the he may recover such special damages as owners of property adjoining the street he has sustained by reason of the ob- to be closed who did not join in the re- struction. Wofford v. North Carolina quest for closing the street.The words of State Hwy. Comm'n, 263 N.C. 677, 140 the statute are clear and unequivocal. S.E.2d 376, cert. denied, 382 U.S. 822, M• There is nothing to indicate that only 86 S. Ct. 50, 15 L. Ed. 2d 67 (1965). those with a "special interest" must be Applied in Whitehead Community notified by registered mail.In re City of Club v. Hoppers, 43-N.C. App. 671, 260 Washington, 15 N.C. App. 505, 190 S.E.2d 94 (1979). 117 1