Orange County NC Website
Browse       Search
<br />In accordance with NCGS §153A-241 and the County’s Land Records Ordinance, the <br />following steps after abandonment of maintenance of the Eubanks Road right-of-way <br />are required to formally close the public road: <br /> <br />1. Completion of a survey and deeds for the right-of-way; <br />2. Accommodation of any remaining utilities within a recorded easement. In <br />this case there is a remaining 16-inch OWASA water utility line that would <br />need to be accommodated within a thirty-foot easement on a recorded <br />survey prior to the transfer of the closed right-of-way; <br />3. Public notice in a local newspaper, and registered or certified mail notice <br />to adjoining property or easement owners; <br />4. A public hearing; <br />5. Findings of fact that closing the public road would not be contrary to the <br />public interest and that no individual owning property in the vicinity of the <br />road would be deprived of reasonable means of ingress and egress to <br />their property; <br />6. An approved, recorded Order by the BOCC closing the right-of-way; and <br />7. A thirty-day appeal period to allow any person aggrieved by the closing to <br />file a de novo appeal the BOCC Order to court. <br /> <br />Transfer of Closed Right-of-way to Adjoining Property Owners <br />After the road is officially closed per the above process, all right, title, and interest in the <br />closed right-of-way can be transferred to persons owning the adjoining parcels, <br />pursuant to NCGS §153A-241 and the requirements of the Section 22 Land Records <br />Ordinance. This process would require the recording of the survey and deeds assigning <br />ownership to the adjoining property owners. A map approximately depicting how the <br />land/former right-of way would be transferred to adjoining property owners is provided <br />as Attachment 4. <br /> <br />NCGS §153A-241 does not require property owners or the County to proceed with the <br />official closing of the abandoned portion of Eubanks Road. In this case, should the <br />property owners come to agreement and fulfil the described requirements, the County <br />would proceed with the road closing process. Should the property owners decline, the <br />property will remain as it is – with the roadway abandoned by NCDOT but not officially <br />closed. In this case the property ownership would remain with NCDOT. <br /> <br /> <br /> <br /> <br />14