Agenda - 03-09-1992 - Laserfiche WebLink

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241 ART. 12. ROADS AND 13RIDGES 153A -241 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 �.;.M da the order is adopted. ' Upon the closing of a public road or an easement pursuant to this reection, all right, title, and interest in the right -of -way is vested in 'those persons owning lots 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 an adjoin - ', ink landowner by this paragraph remains subject to any public ut>lity use or facility located on, over, or under the road or ease - went immediately before its closing, until the landowner or anv 2 �- successor thereto pays to the utilitv involved the reasonable cost of -removing and relocating the facility. (1949, c. 1208, ss- 1 -3; 1957. c. g g 65, s. 11; 1965, cc. 665, 801; 1971, c. 595; 1973, c. 507, s. 5; c. 822, s. 1 1977, c. 464, s. 34.) L., h",Local Modification. — Guilford: within the boundaries of a dedicated 1979, c. 282; 1981, c. 59. _ street when use of the street is diseon- `'"` '''Legal Periodicals. — For note dis- tinued, see 45 N.0 -L- Rev. 564 (1967). eussmg the disposition of property CASE NOTES 0- °- Editor's Note. — Some of the cases S1.2d 309, cert. denied. 282 N.C. 151, died below were decided under corre- 191 S.E.2d 601 A972). i. r>: *'Onding sections of former law. ';, Owners of property on a street which is to be partially closed have �f'in interest in the hearing on the re- quest to close the street. In re City of is Washington, 15 N.C. App. 505. 190 r 8-E.2d 309, cert. denied, 282 N -C. 151. 191 S.E.2d 601 (1972). .. Legislative Intent as to Giving No. lice. — The true legislative intent is that if a municipality wishes to close a street, or a part thereof, the notice_ re- quired must be given. Such an intent if fair and just, because it affords all inter- seated parties an opportunity to be heard. In re City of Washington, 15 N.C. App. 505, 190 S.E.2d 309, cert. denied. 2S2 NC. 151, 191 S.E.2d 601 (1972). - Notice to Adjoining ' • ] b Propern• :;` owners Not to Be Limited to Those ='. With Special Interest. -- The statute requires notice by registered mail to the "ners of Property adjoining the street to be closed who did not join in the re. µ. quest for closing the street. The words of the statute are clear and unequivocal. • ,mere is nothing to indicate that w only ee with a "special interest- must be F10"Ied by registered mail. In re City of =2 �. Washington, 15 N.C. App. 505. 190 Restrictions on County's Power to Close a Wav of Passage. — From this section and ` 153A -239. it is clear that a county does not have the power to close a wav of passage which ltac not been dedicated to the public or in which the public has not acquired rights by pre- scription. In re casement of Right of Way. 90 N -C_ App. 303. 368 S_E -2d r,39 The closing of a street must not de. prive a property owner of reason. able ingress or egress. Wofford v. North Carolina State Hwy. Comm'n. 263 ti.C. 677 140 S,1~.2d 376. cert. denied. 3S_2 L' -S. 822, 86 j. Ct. 50. 15 L. Ed. 2d 67 19651. An individual may restrain the K•rongful obstruction of a public way, of whatever origin, if he will suffer injur% thereby as distinct from the in- convenience to the public Wenerally. and he -na% rem%'er sl1Cn special damaLes as he ha su.aained hl• reason of the ob- strumon. Wofford v. North Carolina State liy. Comm'n. 263 N.C. 677. 140 S.E.2d 376, cert. denied, 382 ti -S- 82:_'. 86 S. Ct- 50. 15 L. Ed. 2d 67 119651. Applied in Whitehead Community Club v. Hoppers. 4:3 N.C.'. App. 671. 260 S.E.2d 94 - 1979 117 17 cn V R C d OQ M cn :mot M -e -r i I 1