§ 153A-18. Uncertain or disputed boundary.
§ 153A‑18. Uncertain or disputed boundary.
(a) If two or more counties are uncertain as to the exactlocation of the boundary between them, they may cause the boundary to besurveyed, marked, and mapped. The counties may appoint special commissioners tosupervise the surveying, marking, and mapping. A commissioner so appointed or aperson surveying or marking the boundary may enter upon private property toview and survey the boundary or to erect boundary markers. Upon ratification ofthe survey by the board of commissioners of each county, a map showing thesurveyed boundary shall be recorded in the office of the register of deeds ofeach county in the manner provided by law for the recordation of maps or platsand in the Secretary of State's office. The map shall contain a reference tothe date of each resolution of ratification and to the page in the minutes ofeach board of commissioners where the resolution may be found. Uponrecordation, the map is conclusive as to the location of the boundary.
(b) If two or more counties dispute the exact location of theboundary between them, and the dispute cannot be resolved pursuant tosubsection (a) of this section, any of the counties may apply to a superiorcourt judge who has jurisdiction pursuant to G.S. 7A‑47.1 or 7A‑48in any of the districts or sets of districts as defined in G.S. 7A‑41.1in which any of the counties is located for appointment of a boundarycommission. The application shall identify the disputed boundary and ask that aboundary commission be appointed. Upon receiving the application, the courtshall set a date for a hearing on whether to appoint the commission. The courtshall cause notice of the hearing to be served on the other county or counties.If, after the hearing, the court finds that the location of the boundary isdisputed, it shall appoint a boundary commission.
The commission shall consist of one resident of each disputing countyand a resident of some other county. The court may appoint one or moresurveyors to assist the commission. The commission shall locate, survey, andmap and may mark the disputed boundary. To do so it may take evidence and heartestimony, and any commissioner and any person surveying or marking theboundary may enter upon private property to view and survey the boundary or toerect boundary markers. Within 45 days after the day it is appointed, unlessthis time is extended by the court, the commission shall make its report (whichshall include a map of the surveyed boundary) to the court. To be sufficient, thereport must be concurred in by a majority of the commissioners. If the court issatisfied that the commissioners have made no error of law, it shall ratify thereport, after which the map shall be recorded in the office of the register ofdeeds of each county in the manner provided by law for the recordation of mapsor plats and in the Secretary of State's office. Upon recordation, the map isconclusive as to the location of the boundary.
The disputing counties shall divide equally the costs of locating, surveying,marking, and mapping the boundary, unless the court finds that an equaldivision of the costs would be unjust. In that case the court may determine thedivision of costs.
(c) Two or more counties may establish the boundary between thempursuant to subsection (a), above, by the use of base maps prepared fromorthophotography, which base maps show the monuments of the United StatesGeological Survey and North Carolina State Plane Coordinate System establishedpursuant to Chapter 102 of the General Statutes. Upon ratification of thelocation of the boundary determined from orthophotography by the board ofcommissioners of each county, the map showing the boundary and the monuments ofthe United States Geological Survey and North Carolina State Plane CoordinateSystem shall be recorded in the Office of the Register of Deeds of each countyand in the Secretary of State's office. The map shall contain a reference tothe date of each resolution of ratification and to the page in the minutes ofeach board of commissioners where the resolution may be found. Uponrecordation, the map is conclusive as to the location of the boundary. (1836, c. 3; R.C., c. 27; Code, s. 721; Rev., s. 1322;C.S., s. 1299; 1925, c. 251; 1973, c. 822, s. 1; 1987 (Reg. Sess., 1988), c.1037, s. 121; 1997‑299, s. 1.)