§ 153A-243. Authorizing bridges over navigable waters.
§ 153A‑243. Authorizing bridges over navigable waters.
A county may grant to persons who between them own or occupy realproperty on both sides of a body of navigable water lying wholly within thecounty the right to construct and maintain across the body of water a bridgeconnecting the property. The board of commissioners shall first adopt aresolution declaring its intent to grant the right and calling a public hearingon the question. The board shall cause the resolution to be published once aweek for four successive weeks before the hearing. At the hearing the boardshall hear all interested persons who appear with respect to whether the grantwould be in the public interest. If, after the hearing, the board finds thatthe grant is not contrary to the public interest, it may adopt an ordergranting the right to construct the bridge. The board may place reasonableterms and conditions, including time limitations, on the grant.
A person aggrieved by a grant may appeal the board of commissioners'order to the appropriate division of the General Court of Justice within 30days after the day it is adopted. The court shall hear the matter de novo andhas jurisdiction to try the issues arising and to grant the right to constructthe bridge.
Before construction may be commenced on any bridge authorized pursuantto this section, the bridge's location and plans must be submitted to andapproved by the Chief of Engineers of the United States Army and the Secretaryof the Army. (Pub. Loc. 1191, c.227; C.S., s. 1297; 1973, c. 822, s. 1.)