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9.
<br /> CH. 151A. COUNTIES 153)A-241
<br /> in at
<br /> of general circula:�or,
<br /> count:". in :ne
<br /> Or renaming a public road. or ass.,
<br /> tea. I.... � .1u,.".bers on a oublic' road, a coun--•.- shall cause
<br /> notice " :-
<br /> ,' S n -0 be -iven to che local ooszma4
<br /> cion ov— -"� :.- 5car wi:h liu:;sd;.c-
<br /> --- -:o the Board of Transportation, and to any c;:•,-
<br /> the road. (1957'. c. jo63; 1973. c. 507, s. 5: C'.
<br /> xich;n
<br /> s. 1; 513: 19,57, c 23.
<br /> Locul — Alamance: cenain unincor-pt;rared areas )-'-,ounc:es
<br /> Ra�, I
<br /> exceoted-'-crr.-'-e
<br /> 9S. Brunsw!ck: --,ori. see
<br /> •Cabarrus: Editor's Note.—Session La3
<br /> 2nd Sess.. c. 1319, s. 11, as amended from :,me :3
<br /> 98: Cleve- '!
<br /> land: 1967 R,!;,. Zej.j.. 7985), c. 906: - me, excepts the oilowing Zouncies
<br /> 1969, C. 156, 3. :: 1:--:*3:;,h: I from the aoolicacion of this sac,;on:
<br /> 1981. c. 35o;
<br /> Guilford: 197.. •
<br /> ::. -132: McDowell:'1989, Allarnarice, Aer-,, Brunswick, Burke,
<br /> Mc-
<br /> c. :335, s. T: -Al :-ia7over: 198.3, c. 98; Cabarrus, Cleveland, Henderson, Mc-
<br /> Stokes: 299; :989, c. 335, s. 1; Dowell, New Hanover, Pander, Ran.
<br /> Sorry: 1933, c. 299: Wake!Incorporated
<br /> dolph,Sampson,Stoll-as and Sur:-,,Couri-
<br /> municipalic,as Cnerela, only): 1989, c. ties. See Cross Reference above.
<br /> 511, s. 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 count-; may oermanently 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 sup.
<br /> ervision 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 fJ
<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 hear= 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 /> 7%
<br /> thereby be deprived of reasonable means of in-
<br /> ress and egr.ess 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'
<br /> 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 7.-
<br /> -scict,on 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 />
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