DOT ROWS & EASEMENTS/REVISE LAW.

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View NCGA Bill Details2023-2024 Session
House Bill 787 (Public) Filed Tuesday, April 18, 2023
AN ACT TO CODIFY THE LIMITS OF EXISTING RIGHTS-OF-WAY AND EASEMENTS MAINTAINED BY THE DEPARTMENT OF TRANSPORTATION TO PROVIDE CLARITY AND CONSISTENCY FOR PERSONS IMPACTED BY PREVIOUS PROPERTY TRANSACTIONS THAT WERE NOT DOCUMENTED OR RECORDED IN ACCORDANCE WITH CURRENT REQUIREMENTS.
Intro. by B. Jones.

Status: Ref to the Com on Transportation, if favorable, Judiciary 1, if favorable, Rules, Calendar, and Operations of the House (House action) (Apr 19 2023)
H 787

Bill Summaries:

  • 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.