GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION
CHAPTER 426
AN ACT TO REDUCE THE NUMBER OF PUBLICATIONS REQUIRED FOR LOCAL STREET CLOSING HEARINGS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 160A-299(a) reads as rewritten:
"(a) When a city proposes to permanently close any
street or public alley, the council shall first adopt a resolution declaring
its intent to close the street or alley and calling a public hearing on the question.
The resolution shall be published once a week for four successive weeks
prior to the hearing, two successive calendar weeks in a newspaper
having general circulation in the city. The resolution shall be published
the first time not less than 10 nor more than 25 days before the date fixed for
the hearing. In computing such period, the date of publication is not to
be included, but the day of the hearing shall be included. In addition, a
copy thereof of the resolution shall be sent by registered or
certified mail to all owners of property adjoining the street or alley as shown
on the county tax records, and a notice of the closing and public hearing shall
be prominently posted in at least two places along the street or alley. If the
street or alley is under the authority and control of the Department of
Transportation, a copy of the resolution shall be mailed to the Department of
Transportation. At the hearing, any person may be heard on the question of
whether or not the closing would be detrimental to the public interest, or the
property rights of any individual. If it appears to the satisfaction of the
council after the hearing that closing the street or alley is not contrary to
the public interest, and that no individual owning property in the vicinity of
the street or alley or in the subdivision in which it is located would thereby
be deprived of reasonable means of ingress and egress to his property, the
council may adopt an order closing the street or alley. A certified copy of the
order (or judgment of the court) shall be filed in the office of the register
of deeds of the county in which the street, or any portion thereof, is
located."
Sec. 2. This act applies to the Cities of Charlotte and Statesville only.
Sec. 3. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 19th day of June, 1987.