GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 114

HOUSE BILL 357

 

AN ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY TO CLOSE ROADS OR EASEMENTS THAT HAVE BEEN OFFERED FOR DEDICATION BUT NEVER ACCEPTED BY A PUBLIC BODY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The Board of Commissioners of a county is hereby authorized and empowered to close any road or easement within the county and not within a city that has been offered for dedication but not accepted by any public body.

Sec. 2.  The procedures for closing roads or easements offered for dedication, but not accepted, shall be the same as those provided for the closing of public roads under G.S. 153A- 241.

Sec. 3.  Any person aggrieved by the closing of a road or easement offered for dedication, but not accepted, may appeal the Board of Commissioners' order to the appropriate division of the General Court of Justice within 30 days after the day the order is adopted.  The court shall hear the matter de novo and has jurisdiction to try the issues arising and to order the road or easement closed upon proper findings of fact by the trier of fact.

Sec. 4.  This act applies to New Hanover County only.

Sec. 5.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 31st day of March, 1983.