GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	3
SENATE BILL 1038
 Finance Committee Substitute Adopted 4/25/01
 House Committee Substitute Favorable 11/28/01 

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

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE LANDOWNERS TO INITIATE A SPECIAL PROCEEDING TO CLARIFY THE EXISTENCE OF A RIGHT-OF-WAY OPEN TO THE PUBLIC ADJACENT TO THEIR PROPERTY WHEN THE PUBLIC RECORDS ARE UNCLEAR CONCERNING THE ACTUAL EXISTENCE OF THE RIGHT-OF-WAY AND TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO CONDEMN LAND FOR SECONDARY ROAD PAVING OR MAINTENANCE PROJECTS WHEN SEVENTY-FIVE PERCENT OF THE ADJACENT LANDOWNERS AGREE TO PROVIDE NECESSARY RIGHT-OF-WAY FOR THE PROJECT. 

The General Assembly of North Carolina enacts:
SECTION 1.  Article 7 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136-96.1. Special proceeding to declare a right-of-way dedicated to public use.
(a)	A special proceeding under Article 3, Chapter 1 of the General Statutes may be brought to declare a right-of-way dedicated to public use if:
(1)	The landowners of the lots constituting two-thirds of the land abutting the right-of-way in question join in the action;
(2)	The right-of-way is depicted on an unrecorded map, plat, or survey;
(3)	The right-of-way has been actually open and used by the public; and
(4)	At least one recorded deed recites the existence of the right-of-way.(b)	In a special proceeding brought pursuant to this section, the clerk of court shall issue an order declaring the right-of-way to be dedicated to public use upon finding that the provisions of subsection (a) of this section have been proven.
(c)	Any right-of-way found to be dedicated to public use pursuant to this section that is proposed for addition to the State highway system shall meet the requirements of G.S. 136-102.6."
SECTION 2.  G.S. 136‑44.7 is amended by adding a new subsection to read:
"(c)	When it is necessary for the Department of Transportation to acquire a right-of-way in order to pave a secondary road or undertake a maintenance project, the Department shall negotiate the acquisition of the right-of-way for a period of up to six months. At the end of that period, if one or more property owners have not dedicated the necessary right-of-way and at least seventy-five percent (75%) of the property owners adjacent to the project and the owners of seventy-five percent (75%) of the road frontage adjacent to the project have dedicated the necessary property for the right-of-way and have provided funds required by Department rule to the Department to cover the costs of condemning the remaining property, the Department shall initiate condemnation proceedings pursuant to Article 9 of this Chapter to acquire the remaining property necessary for the project."
SECTION 3.  This act is effective when it becomes law.