Orange County NC Website
081 <br /> Sane L. Atwater Pace Three !..,ay 16 , 1986 <br /> 6 . So far as I know no other public authority, <br /> agency or the like has accepted the public dedication <br /> of Cheyenne Drive . <br /> All of the above facts lead me to conclude that <br /> Cheyenne Drive does not meet the test established by <br /> Owens v. Elliott as modified by Emanuelson v. Gibbs for <br /> a court to conclude that it is a public road. It has <br /> not been (1) established by public authorities in a <br /> proceeding regularly instituted before the proper <br /> tribunal; (2) one generally used by the public and over <br /> which the proper authorities have asserted control for <br /> the period of 20 years or more; or (3) one dedicated to <br /> the public by the owner of the soil with the sanction <br /> of the authorities and either accepted for maintenance <br /> and operation by the public authorities or accepted <br /> without responsibility. for maintenance and operation b <br /> the public authorities. Y <br /> Determining the status of Cheyenne Drive does not <br /> end the inquiry, however. What to do with it must be <br /> determined. It has consistently been the policy of the <br /> Board of County Commissioners not to require upgrading <br /> of roads designated preexisting public which <br /> designation is the same as saying that they have been <br /> previously dedicated to the public. This <br /> policy may <br /> need review by the Board of County Commissioners. .t <br /> n <br /> seems to me that the issue should be ` <br /> Board for its consideration and a decision asGtoo that <br /> whether to require improvements to such road and if <br /> to what extent and under what conditions. the raised in my April nc Further , the <br /> acceptance of these - ?7 letter concerning <br /> public dedications should be <br /> addressed as soon as possible. That is <br /> That is , should the <br /> Board <br /> Of County Commissioners accept public dedications <br /> of streets and roads, without maintenance <br /> responsibility, as part of the Orange County <br /> Subdivision approval process? <br /> Very Truly yours , <br /> /{ <br /> Ge - ey Z. <br /> GEG/isg <br /> cc: E. C. Brooks, _2: <br /> Marvin Collins <br /> Barry Jacobs <br /> Don Wilwhoit <br />