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Q.i7f . 3A-242 • CH. 153A. COUNTIES § 153A-243 .
<br /> 'Oticc to Qwnery of Property :Adjoining The dating Of a street ntttst not deprive s
<br /> ' - c-•,.•:t to Be Closet Not Limited to Those with property owner of reasonable in=gress or
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<br /> ;rl Interest.--The statute requires notice egrees. Wof f ord v. North Carolina State Hwy.
<br /> gistered'mail to the tuner; of property Chinni n, 2fi3 N.C. 677. 140 S.E.2.( 376, cert.
<br /> :i =niag the street to be closed who did not join denied,262 U.S.R22,56.5.Ct.50, 15 I.Ed.2d .
<br /> requestlfor closing the street.The wards 67(1965). .
<br /> .;,t .•::e statute re clear and unequivocal. There . An individual may restrain the wrongful .
<br /> i ....thing to'indicate that only those with a. obstruction of a public way,of whatever origin.
<br /> ,1 -;•,•-cia1 interesst"must be notified by registered if he will suffer injury thereby as distinct frbut
<br /> . .In re City of Washington,l5 N.C.App.505, the inconvenience to the public generally,and he .
<br /> S.E.2d 809(1972). may recover such special damages as he has • -
<br /> 9 t'twners of Property on Street to Be Partially sustained by reason of the obstruction.wofford -
<br /> . 'Ci;,.,•ed.--Owners of property on a street which v.North Carolina State Hwy.Comm'n,263 N.C.
<br /> I. .1 s to be partially closed have an interest in the 677, 140 S.E.2d 376,cert.denied,382 U.& .
<br /> ,, tsri g on the request to close the street.In re 66 S.Ct.54,15 L.Ed.2d•67(19G5).
<br /> I. t::of Washiagton,15 N.G•App.505.190 S.E.2d
<br /> 1 :1{197H' . .
<br /> § 153A-242. Regulation or prohibition of fishing from bridges.—A county
<br /> . Imay by ordinance regulate or prohibit fishing from any bridge within the county •
<br /> and not within a city.�In addition,the governing board of a city may by resolution •
<br /> rmit a county to regulate or prohibit fishing front any bridge within the city
<br /> • - _:re city may by resolution withdraw its permission to the county ordinance.If • .
<br /> '4=it does so,•the city shall give written notice to the county of its withdrawal of
<br /> r.?rmission;)30 days-after the date the county receives this notice the county.
<br /> ~a ie.dinance ceases to be applicable within the city.An ordinance adopted pursuant
<br /> to this section shall provide for signs to be posted on each bridge affected, •
<br /> ;♦- z•ammarizing the regulation or prohibition pertaining o that bridge. •
<br /> f -- No person may fish from the dra s an of a regularly attended bridge, and
<br /> . i ro county may permit any person to do so. .
<br /> The authority granted by this section is subject to the authority of the •
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<br /> Department of Transportation to prohibit fishing from any bridge on the State -
<br /> ighway system.(1971,c.690,ss.1,6;1973,c.507,s.5;c.822,s.1;1977,c.464,
<br /> •s.34.) ' •
<br /> Editor's NqqI te.--Pursuant to Session Laws - •The 1977 amendment substituted
<br /> ✓. 1573,c.507,sJ,5,"Board of Transportation"has "Department of Transportation"for"Board of
<br /> * been substituted for "State Highway Transportation"in the last paragraph.
<br /> y C:+mmission"'in this section as enacted by .
<br /> SE.ssion Laws 1973,c.822.
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<br /> • . § 153A-2143. Authorizing bridges over navigable waters.---A county may
<br /> . grant to persons who between them own or occup7,real property on both sides .
<br /> of a body lof navigable water lying wholly within the county the right to • .
<br /> construct and maintain across the body of water a bridge connecting the
<br /> Property. The board of commissioners shall first adopt a resolution declaring
<br /> ,�: its intent to grant the-right and calling a public hearing on the question. The
<br /> -• eoard shall�cause the resolution to be published once a week for four successive
<br /> weeks befdre the hearing. At the hearing the board shall bear all interested
<br /> persons who appear with respect to whether the grant would be in the public •
<br /> •• interest. If; after the hearing, the board finds that the grunt is not contrary to
<br /> -g • the public interest, it may adopt an order granting the right to construct the • -
<br /> bridge.The board may place reasonable terms and including ncluding time -
<br /> lirnitations, on the grant.
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<br /> I. A person aggrieved by a grant may appeal the board of commissioners'order
<br /> . .o the appropriate division of the General Court of Justice within 30 days after -
<br /> • the day it is adopted.The court shall hear the matter de novo and has jurisdiction
<br /> • to.try the issues arising and to grant the right to construct the bridge. •
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<br /> "~' ' CHAIn(rrt.'s'tt.i.E.Ctnta\tA
<br /> :i.. ...'i.l'— 19:9
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