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080 <br /> sane Atwater <br /> Pape Two May 16 , 1986 <br /> public authorities in a proceeding regularly <br /> instituted before the proper tribunal ; or one <br /> generally used by the public and over which the <br /> proper authorities have asserted control for the <br /> period of twenty years or more; or one dedicated <br /> to the public by the owner of the soil with the <br /> sanction of the authorities and for the <br /> maintenance and operation of wilier are <br /> ±APPTIsible . <br /> [Citation omitted . Emphasis in original . ) The case of <br /> Emanuelson. v . Gibbs , N.C. App. , 271 S.E. 2d <br /> 5% (l980) , further authorizes a county board of <br /> commissioners to accept an offer of dedication without <br /> assuming responsibility to maintain the road <br /> (Citation omitted . ) The court of appeals in the Gibbs <br /> case equated the public acceptance action by a boarc of <br /> county commissioners as being one by the " . . .proper <br /> public authorities . . . in some recognized legal manner. " <br /> (Citation omitted . ) <br /> Applying all of this law to the case at hand leads <br /> me to conclude as follows: <br /> 1. Cheyenne Drive was dedicated to the public as <br /> the result of the 1955 Section Nc. 5 , <br /> plat. Acres bw x <br /> New dope <br /> 2. Cheyenne Drive has apparently been open to <br /> and used by the public for more than 20 years.. <br /> ;. The first evidence. of the "proper <br /> h r <br /> au�` tie_"o_i (in this case the Board of Commissioners <br /> of Orange County) exercising any public control over <br /> Cheyenne Drive was the naming cf Cheyenne Drive <br /> pursuant to Article 12 cf Chapter =3A-225 . This <br /> occurred 'several years ago," but less than 20 years <br /> age.. _ <br /> 4. There has been recognition by the Board of <br /> County Commissioners that Cheyenne Drive was a road <br /> previously dedicated to the public, the latest such <br /> recognition occurred with the approval of <br /> • the <br /> subdivision of Tract No. 5 , <br /> Section Nc. 5 of the Acres <br /> of New hope, the plat cf which subdivision is recorded <br /> at Plat book 40, Pace 101 cf the Orange County <br /> Registry. <br /> = The Orange County <br /> Board cf Commissioners has <br /> neither considered the acceptance cf nor accepted the <br /> public dedication cf Cheyenne Drive. <br />