Title: S.L. 1963-896

NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION

CHAPTER 896
HOUSE BILL 1251

AN ACT TO AMEND CHAPTER 1334 OF THE SESSION LAWS OF 1955 RELATING TO THE REGULATION OF THE SUBDIVISION OF LAND IN AND AROUND MUNICIPALITIES IN HARNETT COUNTY.

The General Assembly of North Carolina do enact:

Section 1. Section 2 of Chapter 1334 of the Session Laws of 1955 is hereby amended by striking out the word "Harnett" where it appears in line 4 of said Section.
Sec. 2. Chapter 1334 of the Session Laws of 1955 is further amended by adding a new Section to be numbered Section 2.1 and to read as follows:
"Sec. 2.1. In Harnett County, if the legislative body of a municipality shall refuse to approve a subdivision plat, or declines to act on an application within sixty (60) days, then any person aggrieved thereby may appeal the matter to the Superior Court by filing with the Court a duly verified petition reciting that the said plat had been submitted to the said legislative body in accordance with the subdivision regulations made by said body, and that the legislative body had failed and refused to approve it. The petition shall be accompanied by a copy of the subdivision plat. The legislative body of the municipality shall be served with a copy of the petition and shall be allowed time to answer the same in accordance with the rules of civil procedure prevailing relating to civil actions. The Court shall hear the petitioner and such evidence as is competent and material and shall grant to the legislative body an opportunity to offer such evidence as is competent and material, and if the Court shall find that the subdivision plat meets the requirements of the subdivision regulations in effect at the time the map was filed with the municipality's legislative body, he shall remand the matter to the legislative body with instructions to approve the same to the end that it may be recorded. Either party shall be entitled to appeal to the Supreme Court."
Sec. 3. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 4. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 12th day of June, 1963.