GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                    1

HOUSE BILL 789*

Short Title:        File Lis Pendens for Certain Erosion Actions.		(Public)
Sponsors:	Representatives Hall, Luebke, Michaux, and Wilkins (Primary Sponsors).
Referred to:	Environment and Natural Resources, if favorable, Judiciary I.

March 26, 2009

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.