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<br /> 02 • § 153A-203 CH.153A.COUNTIES § 153A-205
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<br /> ,al ,� § 153A-203. Lien in favor of a cotenant or joint owner ,i
<br /> he • paying special assessments.
<br /> Any one of several tenants in common or joint tenants (other than copart-
<br /> ti Hers) may pay the whole or any part of a special assessment made against
<br /> 63 property held in common or jointly.Any amount so paid that exceeds his share 1 •{
<br /> of the assessment and that was not paid through agreement with or on behalf 4
<br /> • of the other joint owners is a lien in his favor upon the shares of the other joint i t
<br /> owners.This lien may be enforced in a proceeding for actual partition,a pro-
<br /> • seeding for partition and sale,or by any other appropriate judicial proceeding.
<br /> to
<br /> This lien is not effective against an innocent purchaser for value until notice
<br /> of the lien is filed in the office of the clerk of superior court in the county in i `1
<br /> Ail which the land lies and indexed and docketed in the same manner as other
<br /> aer liens required by law to be filed in that clerk's office. (1963,c.985,s. 1;1965,
<br /> re c. 714; 1973, c. 822,s. 1.)
<br /> ter •
<br /> on § 153A-204. Apportionment of assessments.
<br /> eIf a special assessment has been made against property that has been or is •
<br /> sat about to be subdivided,the board of commissioners may,with the consent of the E.
<br /> owner of the property, (i) apportion the assessment among the lots or tracts
<br /> all • within the subdivision,or(ii)release certain lots or tracts from the assessment 1.1� .` '
<br /> ith if, in the board's opinion, the released lots or tracts are not benefited by the f;. .,
<br /> he project, or(iii) both. Upon an apportionment each of the lots or tracts in the i
<br /> ace subdivision is released from the lien of the original assessment,and the portion ;�:
<br /> • of the original assessment assessed against each lot or tract has,as to that lot i{ i
<br /> ent • or tract,the same force as the original assessment.At the time the board makes ;.. }J;
<br /> c, an apportionment under this section,the clerk shall enter on the minutes of the +,
<br /> board the date, hour, and minute of apportionment and a statement to the ,
<br /> effect that the apportionment is made with the consent of the owners of the : . =
<br /> ;or property affected,which entry is conclusive in the absence of fraud.The appor- ,
<br /> tionment is effective at the time shown in the minute book. Apportionments
<br /> may include past due installments with interest, as well as installments not
<br /> f a then due;and any.installment not then due shall fall due at the same date as ■
<br /> ant it would have under the original assessment. (1963, c. 985,s. 1; 1965, c. 714;
<br /> rin 1973,c. 822, s. 1.) . �';1r
<br /> $ve
<br /> § 153A-205. Improvements to subdivision and residential . i : 1
<br /> ars streets.
<br /> he •
<br /> my (a) A county may finance the local share of the cost of improvements made
<br /> as- under the supervision of the Department of Transportation to•subdivision and 3
<br /> ion, residential streets that are a part of the State maintained system located in the
<br /> the county and outside of a city and shall levy and collect pursuant to the prose-
<br /> '14; dunes of Article 9 of Chapter 153A of the General Statutes special assessments
<br /> against benefited property to recoup that portion of the costs financed by the
<br /> county. The local share is that share required by policies of the Secondary '
<br /> Roads Council,and may be paid by the county from funds not otherwise limited • • i
<br /> as to use by law. Land owned, leased, or controlled by a railroad company is
<br /> exempt from such assessments to the same extent that it would be exempt from
<br /> street assessments of a city under G.S. 160A-222. No project may be com-
<br /> menced under this section unless it has been approved by the Department of ti
<br /> Transportation.
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