§ 160A-217. Petition for street or sidewalk improvements.
§ 160A‑217. Petition for street or sidewalk improvements.
(a) A city shall have no power to levy special assessments forstreet or sidewalk improvements unless it receives a petition for theimprovements signed by at least a majority in number of the owners of propertyto be assessed, who must represent at least a majority of all the lineal feetof frontage of the lands abutting on the street or portion thereof to beimproved. Unless the petition specifies another percentage, not more than fiftypercent (50%) of the cost of the improvement may be assessed (not including thecost of improvements made at street intersections).
(b) Property owned by the United States shall not be included indetermining the lineal feet of frontage on the improvement, nor shall theUnited States be included in determining the number of owners of propertyabutting the improvement. Property owned by the State of North Carolina shallbe included in determining frontage and the number of owners only if the Statehas consented to assessment in the manner provided in G.S. 160A‑221.Property owned by railroad companies shall be included in determining frontageand the number of owners to the extent that the property is subject toassessment under G.S. 160A‑222. Property owned by railroad companies thatis not subject to assessment shall not be included in determining frontage andthe number of owners. If it is necessary to exclude property owned by theUnited States, the State of North Carolina, or a railroad company in order toobtain a valid petition under subsection (a), not more than fifty percent (50%)of the cost (not including the cost of improvement at street intersections) maybe assessed unless all of the owners subject to assessment agree to a higherpercentage.
(c) No right of action or defense asserting the invalidity ofstreet or sidewalk assessments on grounds that the city did not comply withthis section in securing a valid petition shall be asserted except in an actionor proceeding begun within 90 days after publication of the notice of adoptionof the preliminary assessment resolution. (1915, c. 56, ss. 4, 5; C.S., ss. 2706, 2707; 1955, c. 675; 1963, c.1000, s. 1; 1971, c. 698, s. 1; 1973, c. 426, s. 33.)