GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H D
HOUSE DRH70165-LD-51B* (03/03)
Short Title: File Lis Pendens for Certain Erosion Actions. |
(Public) |
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Sponsors: |
Representatives Hall, Luebke, Michaux, and Wilkins (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to require the filing of Notice of pending litigation for actions SEEKING INJUNCTIVE RELIEF REGARDING SEDIMENTATION AND EROSION CONTROL FOR ANY LAND-DISTURBING ACTIVITY THAT IS SUBJECT TO THE REQUIREMENTS OF ARTICLE 4 OF CHAPTER 113A OF THE GENERAL STATUTES.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1-116(a) reads as rewritten:
"(a) Any person desiring the benefit of constructive notice of pending litigation must file a separate, independent notice thereof, which notice shall be cross-indexed in accordance with G.S. 1-117, in all of the following cases:
(1) Actions
affecting title to real property;property.
(2) Actions to
foreclose any mortgage or deed of trust or to enforce any lien on real property;
andproperty.
(3) Actions in which any order of attachment is issued and real property is attached.
(4) Actions seeking injunctive relief under G.S. 113A-64.1 or G.S. 113A-65 regarding sedimentation and erosion control for any land-disturbing activity that is subject to the requirements of Article 4 of Chapter 113A of the General Statutes."
SECTION 2. This act becomes effective October 1, 2009, and applies to actions filed on or after that date.