Bill Summaries: H 438 FRANKLIN/GRANVILLE RECOGNIZED COMMON BOUNDARY.

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  • Summary date: Sep 22 2023 - View Summary

    AN ACT TO KEEP THE COMMON BOUNDARY BETWEEN FRANKLIN COUNTY AND GRANVILLE COUNTY AS THE CURRENTLY RECOGNIZED COMMON BOUNDARY WHICH IS CONSISTENT WITH THE COUNTY BOUNDARIES ESTABLISHED BY THE 2020 CENSUS GEOGRAPHY. SL 2023-122. Enacted September 22, 2023. Effective September 22, 2023.


  • Summary date: Jun 21 2023 - View Summary

    House committee substitute replaces the 1st edition in its entirety with the following.

    Requires that the legal boundary line between Franklin County and Granville County to be as depicted by the Census Redistricting Data PL 94-171 TIGER/Line Shapefiles associated with the 2020 federal decennial census, which is consistent with the boundary line used by the counties and reflected in the counties' geographic information systems maps. Specifies that any completed county boundary survey delivered by the NC Geodectic Survey in line with GS Chapter 153A in 2023 or 2024 that is not consistent with the legal boundary described above, is not binding upon Franklin and Granville Counties. Prohibits either county from using any such survey as a common boundary between the two counties.

    Directs that, starting on or after the act’s effective date, all papers, documents, and instruments required or permitted to be filed or registered related to residents or property must be filed in the county in which the property is located pursuant to the boundary described above despite the fact that papers, documents, and instruments required or permitted to be filed or registered with respect to such residents or property may have been previously recorded in the other county.

    Provides that all public records related to residents and property located in areas affected by the establishment of the boundary line that were filed or recorded before the act's in the adjoining county will remain in the respective adjoining county where filed or recorded, and such records will be valid public records as to the property and persons involved, regardless of where they are recorded.

    Clarifies that Franklin County, Granville County, their elected and appointed official, and their employees of Franklin County will not incur any liability under any local or general law, ordinance, rule, or regulation for any act or failure to act relating to taxation, school attendance, land use controls, elections, or any other governmental function as it relates to the currently used boundary line. 

    Makes conforming changes to the act's long title.


  • Summary date: Apr 6 2023 - View Summary

    House amendment to the 1st edition deletes the content of the act and replaces it with the following.

    Requires the legal boundary line between Franklin and Granville counties to be as depicted by the Census Redistricting Data PL 94-171 TIGER/Line Shapefiles associated with the 2020 census, which is consistent with the boundary line used by the counties and reflected in the counties geographic information systems maps. Makes conforming changes to the act's long title.


  • Summary date: Mar 22 2023 - View Summary

    Sets out the history concerning the legal boundary line between Franklin and Granville counties, including that the counties adopted resolutions in 2016 requesting the North Carolina Geodetic Survey (NCGS) survey the legal bounty line and present a proposed map for consideration by both counties. Sets out that under current law, GS 153A-18, if the NCGS survey map is not ratified by the counties requesting the survey within one year from its receipt by the counties, the NCGS survey map will become conclusive as to the location of the legal boundary line and the chief of the NCGS must (1) record the survey map in the office of the register of deeds of both counties and in the Office of the Secretary of State and (2) notify the affected counties' governing bodies and the affected property owners in writing of the reestablished boundary line. Acknowledges that the boundary line between the counties as rendered by the NCGS survey differed significantly from the line that both counties have used for many years and is currently reflected in the Geographic Information Systems (GIS) maps and that use of the NCGS survey boundary line would create difficulties for residents. Prohibits the NCGS survey boundary line from being conclusive as to the location of the boundary unless: (1) the line is ratified by both counties or (2) the line is not ratified by the counties and the NCGA does not take action, as provided below. 

    Authorizes the counties to maintain in place all recognized government functions currently in effect based on the GIS Boundary Line currently in use by both counties through and until December 31, 2025, and the previous exercise of recognized government functions based on the GIS boundary line currently in use by both counties is not subject to challenge on the basis of the location of the boundary line. Provides that if, on January 1, 2026, the counties have not ratified the location of the boundary line as rendered by the NCGS survey and the NCGA has not amended or modified the legal boundary between the counties, then the NCGS survey plat becomes conclusive as to the location of the legal boundary and the chief of the NCGS shall take all actions required by GS 153A-18.

    Requires the counties to cooperate to cause the GIS boundary line currently used by both counties as the operative boundary line to be surveyed and requires the counties to submit to the NCGA for ratification a completed survey of the GIS Boundary Line and a proposed amended legal boundary based on the survey by April 30, 2025.

    Specifies that the counties and the counties' elected and appointed officials and employees will not be liable for any act or failure to act relating to taxation, school attendance, land use controls, elections, or any other governmental function as it relates to the currently used boundary line.