§ 160A-299. Procedure for permanently closing streets and alleys.
§ 160A‑299. Procedure for permanently closing streets and alleys.
(a) When a city proposes to permanently close any street orpublic alley, the council shall first adopt a resolution declaring its intentto close the street or alley and calling a public hearing on the question. Theresolution shall be published once a week for four successive weeks prior tothe hearing, a copy thereof shall be sent by registered or certified mail toall owners of property adjoining the street or alley as shown on the county taxrecords, and a notice of the closing and public hearing shall be prominentlyposted in at least two places along the street or alley. If the street oralley is under the authority and control of the Department of Transportation, acopy of the resolution shall be mailed to the Department of Transportation. Atthe hearing, any person may be heard on the question of whether or not theclosing would be detrimental to the public interest, or the property rights ofany individual. If it appears to the satisfaction of the council after thehearing that closing the street or alley is not contrary to the publicinterest, and that no individual owning property in the vicinity of the streetor alley or in the subdivision in which it is located would thereby be deprivedof reasonable means of ingress and egress to his property, the council mayadopt an order closing the street or alley. A certified copy of the order (orjudgment of the court) shall be filed in the office of the register of deeds ofthe county in which the street, or any portion thereof, is located.
(b) Any person aggrieved by the closing of any street or alleyincluding the Department of Transportation if the street or alley is under itsauthority and control, may appeal the council's order to the General Court ofJustice within 30 days after its adoption. In appeals of streets closed underthis section, all facts and issues shall be heard and decided by a judgesitting without a jury. In addition to determining whether proceduralrequirements were complied with, the court shall determine whether, on therecord as presented to the city council, the council's decision to close thestreet was in accordance with the statutory standards of subsection (a) of thissection and any other applicable requirements of local law or ordinance.
Nocause of action or defense founded upon the invalidity of any proceedings takenin closing any street or alley may be asserted, nor shall the validity of theorder be open to question in any court upon any ground whatever, except in anaction or proceeding begun within 30 days after the order is adopted. Thefailure to send notice by registered or certified mail shall not invalidate anyordinance adopted prior to January 1, 1989.
(c) Upon the closing of a street or alley in accordance withthis section, subject to the provisions of subsection (f) of this section, allright, title, and interest in the right‑of‑way shall beconclusively presumed to be vested in those persons owning lots or parcels ofland adjacent to the street or alley, and the title of such adjoininglandowners, for the width of the abutting land owned by them, shall extend tothe centerline of the street or alley.
The provisions of this subsection regarding division of right‑of‑wayin street or alley closings may be altered as to a particular street or alleyclosing by the assent of all property owners taking title to a closed street oralley by the filing of a plat which shows the street or alley closing and theportion of the closed street or alley to be taken by each such owner. The platshall be signed by each property owner who, under this section, has anownership right in the closed street or alley.
(d) This section shall apply to any street or public alleywithin a city or its extraterritorial jurisdiction that has been irrevocablydedicated to the public, without regard to whether it has actually beenopened. This section also applies to unopened streets or public alleys thatare shown on plats but that have not been accepted or maintained by the city,provided that this section shall not abrogate the rights of a dedicator, orthose claiming under a dedicator, pursuant to G.S. 136‑96.
(e) No street or alley under the control of the Department ofTransportation may be closed unless the Department of Transportation consentsthereto.
(f) A city may reserve its right, title, and interest in anyutility improvement or easement within a street closed pursuant to thissection. Such reservation shall be stated in the order of closing. Suchreservation also extends to utility improvements or easements owned by privateutilities which at the time of the street closing have a utility agreement orfranchise with the city.
(g) The city may retain utility easements, both public andprivate, in cases of streets withdrawn under G.S. 136‑96. To retain sucheasements, the city council shall, after public hearing, approve a"declaration of retention of utility easements" specificallydescribing such easements. Notice by certified or registered mail shall beprovided to the party withdrawing the street from dedication under G.S. 136‑96at least five days prior to the hearing. The declaration must be passed priorto filing of any plat or map or declaration of withdrawal with the register ofdeeds. Any property owner filing such plats, maps, or declarations shallinclude the city declaration with the declaration of withdrawal and shall showthe utilities retained on any map or plat showing the withdrawal. (1971, c. 698, s. 1; 1973, c. 426, s. 47; c. 507, s.5; 1977, c. 464, s. 34; 1981, c. 401; c. 402, ss. 1, 2; 1989, c. 254; 1993, c.149, s. 1.)