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AG 2015 03 16
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AG 2015 03 16
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3/17/2015 10:55:01 AM
Creation date
11/27/2017 10:37:15 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
3/16/2015
Board
Board of Commissioners
Meeting Type
Regular
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§ I53A-241. Closing public roads or easements. <br />A county may permanently close any public road or any easement within the county and not <br />within a city, except public roads or easements for public roads under the control and supervision <br />of the Department of Transportation. The board of commissioners shall first adopt a resolution <br />declaring its intent to close the public road or easement and calling a public hearing on the <br />question. The board shall cause a notice of the public hearing reasonably calculated to give full <br />and fair disclosure of the proposed closing to be published once a week for three successive <br />weeks before the hearing, a copy of the resolution to be sent by registered or certified mail to <br />each owner as shown on the county tax records of property adjoining the public road or easement <br />who did not join in the request to have the road or easement closed, and a notice of the closing <br />and public hearing to be prominently posted in at least two places along the road or easement. At <br />the hearing the board shall hear all interested persons who appear with respect to whether the <br />closing would be detrimental to the public interest or to any individual property rights. If, after <br />the hearing, the board of commissioners is satisfied that closing the public road or easement is <br />not contrary to the public interest and (in the case of a road) that no individual owning property <br />in the vicinity of the road or in the subdivision in which it is located would thereby be deprived <br />of reasonable means of ingress and egress to his property, the board may adopt an order closing <br />the road or easement. A certified copy of the order (or judgment of the court) shall be filed in the <br />office of the register of deeds of the county. <br />Any person aggrieved by the closing of a public road or an easement may appeal the board of <br />commissioners' order to the appropriate division of the General Court of Justice within 30 days <br />after the day the order is adopted. The court shall hear the matter de novo and has jurisdiction to <br />try the issues arising and to order the road or easement closed upon proper findings of fact by the <br />trier of fact. <br />No cause of action founded upon the invalidity of a proceeding taken in closing a public road <br />or an easement may be asserted except in an action or proceeding begun within 30 days after the <br />day the order is adopted. <br />Upon the closing of a public road or an easement pursuant to this section, all right, title, and <br />interest in the right -of -way is vested in those persons owning lots or parcels of land adjacent to <br />the road or easement, and the title of each adjoining landowner, for the width of his abutting <br />land, extends to the center line of the public road or easement. However, the right, title or interest <br />vested in an adjoining landowner by this paragraph remains subject to any public utility use or <br />facility located on, over, or under the road or easement immediately before its closing, until the <br />landowner or any successor thereto pays to the utility involved the reasonable cost of removing <br />and relocating the facility. (1949, c. 1208, ss. 1 -3; 1957, c. 65, s. 11; 1965, cc. 665, 801; 1971, G. <br />595; 1973, c. 507, s. 5; c. 822, s. 1; 1977, c. 464, s. 34; 1995, c. 374, s. 1.) <br />G.S. 153a -241 Page 1 <br />Attachment number 1 <br />G -1 Page 145 <br />
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