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AG 2011 09 19
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AG 2011 09 19
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Last modified
10/19/2011 11:36:18 AM
Creation date
11/27/2017 11:17:44 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/19/2011
Board
Board of Commissioners
Meeting Type
Regular
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a resolution declaring its intent to close the public road or easement and calling a public hearing <br />on the question. The board shall cause a notice of the public hearing reasonably calculated to <br />give full and fair disclosure of the proposed closing to be published once a week for three <br />successive weeks before the hearing, a copy of the resolution to be sent by registered or <br />certified mail to each owner as shown on the county tax records of property adjoining the <br />public road or easement who did not join in the request to have the road or easement closed, <br />and a notice of the closing and public hearing to be prominently posted in at least two places <br />along the road or easement. At the hearing the board shall hear all interested persons who <br />appear with respect to whether the closing would be detrimental to the public interest or to any <br />individual property rights. If, after the hearing, the board of commissioners is satisfied that <br />closing the public road or easement is not contrary to the public interest and (in the case of a <br />road) that no individual owning property in the vicinity of the road or in the subdivision in <br />which it is located would thereby be deprived of reasonable means of ingress and egress to his <br />property, the board may adopt an order closing the road or easement. A certified copy of the <br />order (or judgment of the court) shall be filed in the office of the register of deeds of the <br />county. <br />Any person aggrieved by the closing of a public road or an easement may appeal the board <br />of commissioners' order to the appropriate division of the General Court of Justice within 30 <br />days after the day the order is adopted. The court shall hear the matter de novo and has <br />jurisdiction to try the issues arising and to order the road or easement closed upon proper <br />findings of fact by the trier of fact. <br />No cause of action founded upon the invalidity of a proceeding taken in closing a public <br />road or an easement may be asserted except in an action or proceeding begun within 30 days <br />after the 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 <br />interest vested in an adjoining landowner by this paragraph remains subject to any public utility <br />use or facility located on, over, or under the road or easement immediately before its closing, <br />until the landowner or any successor thereto pays to the utility involved the reasonable cost of <br />removing and relocating the facility. (1949, c. 1208, ss. 1 -3; 1957, c. 65, s. 11; 1965, cc. 665, <br />801; 1971, c. 595; 1973, c. 507, s. 5; c. 822, s. 1; 1977, c. 464, s. 34; 1995, c. 374, s. 1.) <br />§ 153A -242. Regulation or prohibition of fishing from bridges. <br />A county may by ordinance regulate or prohibit fishing from any bridge within the county <br />and not within a city. In addition, the governing board of a city may by resolution permit a <br />county to regulate or prohibit fishing from any bridge within the city. The city may by <br />resolution withdraw its permission to the county ordinance. If it does so, the city shall give <br />written notice to the county of its withdrawal of permission; 30 days after the date the county <br />receives this notice the county ordinance ceases to be applicable within the city. An ordinance <br />adopted pursuant to this section shall provide for signs to be posted on each bridge affected, <br />summarizing the regulation or prohibition pertaining to that bridge. <br />No person may fish from the drawspan of a regularly attended bridge, and no county may <br />permit any person to do so. <br />The authority granted by this section is subject to the authority of the Department of <br />Transportation to prohibit fishing from any bridge on the State highway system. (1971, c. 690, <br />ss. 1, 6; 1973, c. 507, s. 5; c. 822, s. 1; 1977, c. 464, s. 34.) <br />§ 153A -243. Authorizing bridges over navigable waters. <br />Attachment number 2 <br />NC General Statutes - Chapter 153A Article 2 <br />1 Page 262 <br />
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