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<br />§153A -241 CH. 153A. COUNTIES
<br />in at least one newspaper of general circulation published `it
<br />county, After naming or renaming a public road, or assi
<br />reassigning street numbers on a public road, a county sha 11
<br />notice of its action to be given to the local postmaster with juR
<br />tion over the road, to the Board of Transportation, and to
<br />within five miles of the road. (1957, c. 1068; 1973, c. 507, S. any
<br />s. 1; 1981, cc. 112, 518; 1987, c, 28, S. 2_) 5 >`c'
<br />Local Modification. - Alamance:
<br />1987 (Reg. Sea$., 1988), c. 900; 1989, c.
<br />335, s. 1; Avery: 1983, c- 98; Brunswick:
<br />1979, 2nd Sess., c. 1319; 1983, c. 98;
<br />Cabarrus: 1981, c. 568, amending 1979,
<br />2nd Sess., c. 1319; 1983, c. 98; Cleve.
<br />land: 1987 (Reg. Sess -, 1988), c. 906;
<br />1989, c. 156, s. 1; Forsyth: 1981, c. 558;
<br />Guilford: 1979, c. 283; McDowell: 1989"
<br />c. 335, s. 1; New Hanover: 1983, c. 98;
<br />Stokes: 1983, c. 299; 1989, c. 335, S. 1;
<br />Surry: 1983, c. 299; Wake (Incorporated
<br />municipalities therein, only): 1989, c.
<br />511, s. 1.
<br />Cross References. - As to naming
<br />roads and assigning street numbers in
<br />certain unincorporated areas of ei
<br />excepted from the application oft}
<br />tion, see § 153A•239.L
<br />Editor's Note, - Session Laws
<br />c. 1319, s. 1, as amended from ti
<br />time, excepts the following co,
<br />from the application of this se
<br />Alamance, Avery, Brunswick, E
<br />Cabarrus, Cleveland, Henderson,
<br />Dowell, New Hanover, Pender;
<br />dolph, Sampson, Stokes and Surry (
<br />ties. See Cross Reference above :i
<br />The catchline of this section has
<br />modified at the direction of the Re
<br />of Statutes.
<br />§ 153A -241. Closing public roads or e
<br />A county may permanently close any public road or any',
<br />ment within the county and not within a city, except public roai
<br />easements for public roads under the control and supervision o;
<br />Department of Transportation. The board of commissioners i
<br />first adopt a resolution declaring its intent to close the public:
<br />or easement and calling a public hearing on the question. The bi
<br />shall cause the resolution to be published once a week for•
<br />successive weeks before the hearing, a copy of the resolution 't
<br />sent by registered or certified mail to each owner as shown on
<br />county tax records of property adjoining the public road or e,
<br />ment who did not join in the request to have the road or easerr,
<br />closed, and a notice of the closing and public hearing to be pro
<br />nently posted in at least two places along the road or easement;
<br />the hearing the board shall hear all interested persons who app
<br />with respect to whether the closing would be detrimental to'�
<br />public interest or to any individual property rights. If, after'
<br />hearing, the board of commissioners is satisfied that closing
<br />public road or easement is not contrary to the public interests
<br />(in the case of a road) that no individual owning property in i
<br />vicinity of the road or in the subdivision in which it is located wol
<br />thereby be deprived of reasonable means of ingress and egress,
<br />his property, the board may adopt an order closing the road,
<br />easement. A certified copy of the order (or judgment of the cou
<br />shall be filed in the office of the register of deeds of the coun,
<br />Any person aggrieved by the '
<br />losing of a public road or an ea.,
<br />meat may appeal the board of commissioners' order to the approp .
<br />ate division of the General Court of Justice within 30 days after t;
<br />day the order is adopted. The court shall hear the matter de no
<br />and has jurisdiction to try the issues arising and to order the roi
<br />or easement closed upon proper findings of fact by the trier of fa'(
<br />116
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