GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	2
SENATE BILL 1038
Finance Committee Substitute Adopted 4/25/01

Short Title:	Public Right-of-Way Declaration.	()	
Sponsors:	     	
Referred to:	     	
April 5, 2001

A BILL TO BE ENTITLED
AN ACT to provide that where deeds reference a right-of-way based on an unrecorded lost plat, the superior court in a special proceeding may declare the right-of-way dedicated to publIc use.

The General Assembly of North Carolina enacts:
SECTION 1.  Article 4 of Chapter 1 of the General Statutes is amended by adding a new section to read:
"§ 1-44.3. Dedication of public right-of-way.
Whenever a deed recites the existence of a street, based on a plat that was unrecorded and where there was no ordinance requiring the plat to be recorded, and the plat has been lost, but a copy of the portion of the plat has been found showing that there is a right-of-way, and where the road has in fact been open to the public, and the owners of two-thirds of the lots abutting the section of road in question are petitioners in a special proceeding requesting that the right-of-way be declared to have been dedicated as a public road right-of-way, the clerk of superior court may issue an order declaring the section of right-of way to be dedicated to public use upon finding those facts."
SECTION 2.  This act is effective when it becomes law.