Agenda - 12-17-1985 - Agenda - Laserfiche WebLink

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• • 037 • • §;153A,241 CH. 153A.COUNTIES § 153A-241 • lditor'a Note.—Pursuant to Session Laws Commission" and for "Commission" in • 1913,e.507,s.5,"Board of Transportation"has section as enacted t y Se lion Laws 1973,c.t? been substituted for "State Highway 153A-241. Closing public roads or easement. --- A county may permanently close any public road or any easement within the county and not within a city,except public roads or easements forpublic roads under the control . and supervision of the Department of Transportation. The board of. • commmissioners shall first adopt a resolution declaring its intent to dose the • public road or easement and cOling. a public hearing on the question.The board' - shall cause the resolution to be published once a week for four successive weeks before the hearing,a copy of the resolution to be.sent by registered or certified • mail to each owner as shown on the county tax vms.&of property adjoining • the public road or easement who did not jom 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 bearing the • board shall 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 hearing,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 la road)that no individual ownin. property in the-vicinity of the road or in • the subdivision in which it is located would thereby be deprived of reasonable means of ingress and egress to his property, the beard may adopt an order closing the road or 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 1 appeal the board of commissioners' order to the appropriate division of 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 tla, . 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 proceeding begun within 30 days after the day the order is adopted. Upon the closing of a public road or an easement ourat:aat to this section,ail • right, title, and interest in the right-of way.is veetcu in those persons o- n ing - . lot's 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 en adjoining landowner by this paragraph remains subject to any public utility . use or facility located on, over, or under the road or easement immediately before its closing,until the landowner or any successor thereto pays to the;it:lity indolved the reasonable cost of removing and relocating the facility. (1919, c. 1208, ss. 1-3; 1957, c. 65,•s. 11. 1965, cc. 665, 801; 1971, c.595; 1973; c. 501, s. 5; c. 822, s. 1; 1977, c. 464, s. 84.) Editor's Note.—Pursuant to Session Laws street when use of the street is discontinued.see 1973,c.507,s.5,"Board of Transportation"has 45 N.C.L.Rev.584(1054 been substituted for "State Highway Legislative Intent as to Closing Streets by Commission' in this section as enacted by Municipalities.—The true legislative intent is Session Laws 1973,c.822. that if a municipality wishes to close a street.nr The 1977 amendment substituted a part thereof, the notices required must be "Department of Transportation"for"Board of given.Such n intent is fair and just,because i= Transportation"in the first sentence. affords all irate este'i parties an opportunity • Fir a note discussing the disposition of be heard.In r.•City of Wa:Tein„tun,io ..(..art'- prol4erty within the boundaries of a dedicated 505, 1.9.1 S.i 2d 3111(tilt':;. • • 810 • . I