Bill Summaries: H787 (2023-2024 Session)

  • Summary date: Apr 20 2023 - View summary

    Includes whereas clauses. Enacts GS 136-44.18, deeming the typical maintenance limits practiced by the Department of Transportation (DOT) applicable when there is no conveying instrument describing the boundaries of either a right-of-way or easement of a roadway for which DOT is responsible for maintaining. Requires DOT to coordinate with a developer constructing offsite improvements which require, but the developer is unable to acquire, a right-of-way or easement, to either revise the development or development review access or revise the requirements for offsite improvements to not require an additional right-of-way or easement. Requires DOT to comply with the statute's requirements within a reasonable time after the developer provides DOT evidence of the developer's good faith effort, defined to include providing a certified letter to all affected property owners and all responses received, to acquire the right-of-way or easement. Specifies that the provisions do not allow DOT to require a Hold Harmless declaration from a developer or DOT to take property unconstitutionally. 

    Requires DOT to report to the specified NCGA committee by October 1, 2023, describing the maintenance limits used by DOT and recommending any legislative changes to limits. 

    Directs DOT to adopt or amend its rules consistent with the act, as specified.

    Effective July 1, 2023.