Bill Summary for H 1076 (2017-2018)

Summary date: 

May 31 2018
S.L. 2018-61

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 1076 (Local) Filed Thursday, May 31, 2018
AN ACT TO ENABLE THE TRANSITION OF PROPERTIES OF THE AREA ALONG THE COMMON BOUNDARY BETWEEN ALAMANCE COUNTY AND GUILFORD COUNTY DUE TO THE 2008 NORTH CAROLINA GEODETIC SURVEY THAT DEPICTED AND MONUMENTED THE HISTORIC ALAMANCE/GUILFORD COUNTY BOUNDARY LINE, AS DESCRIBED IN THE 1849 SURVEY ESTABLISHING GUILFORD COUNTY.
Intro. by Hardister, Ross, Quick, Brockman.

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Bill summary

Recognizes and ratifies the boundary line set out in the resurvey of the line conducted by the North Carolina Geodetic Survey (NCGS) in 2008 (2008 survey) as the true and accurate boundary for Guilford County and Alamance County. Directs the NCGS to submit the survey plat denoting the location of the reestablished Alamance/Guilford boundary line to the Register of Deeds in both counties and the Office of the Secretary of State no later than September 1, 2018. 

Provides that all papers, documents, and instruments required or permitted to be filed or registered involving resident and property in areas affected by the 2008 survey must be recorded in the county in which the property is situated as shown in the 2008 survey on or after July 1, 2018. 

Provides that all public records related to residents and property located in areas affected by the 2008 survey that were filed prior to July 1, 2018, in the adjoining counties will remain in those respective adjoining counties where filed or recorded. Further provides that the records are valid public records as to the property and persons involved even though they are recorded in an adjoining county that is a county in which the property is no longer located as evidenced by the 2008 survey.

Provides that all real and personal property affected by the 2008 survey that was subject to ad valorem taxation on January 1, 2019, will be subject to ad valorem taxes in the county to which the property is reassigned as a result of the 2008 survey for the fiscal year beginning July 1, 2019. Provides for the assessment and taxation of real and personal property affected by the 2008 survey on or after July 1, 2019, including requiring both county tax administrators to provide one another with an accounting of taxes paid and unpaid from 2007 to 2018 for all parcels affected by the 2008 survey and abate, extinguish, or prorate outstanding tax bills as specified.

Prohibits any cause of action involving persons or property located in areas affected by the 2008 survey that are pending on July 1, 2018, from being abated. Prohibits maintaining a defense to a criminal act alleging lack of jurisdiction due to any act or failure to act related to the adjustment of the boundary line by the 2008 survey.

Requires each county's board of elections to immediately transfer voter registration records after July 1, 2018, concerning persons residing in areas affected by the 2008 survey. Establishes that those transferred registered voters are thereafter validly registered to vote in the adjoining county. 

Directs the Jury Commission of each county to revise its jury lists regarding those persons subject to jury duty who reside in areas affected by the 2008 survey, with the revised lists becoming effective July 1, 2018.

Transfers the areas affected into the appropriate superior court, district court, and prosecutorial districts.

Directs the boards of education of each county to cooperate to ensure that a transition is made that provides students affected by the 2008 survey with school choice to remain in their current school system until graduation from high school.

Permits any child who is a resident of any property affected by the 2008 survey on January 1, 2018, and who is a student in the Alamance County school system during the 2018-19 school year, and siblings of such student provided a choice to remain in their current school system until graduation from high school as described above, to attend school in the Alamance County school system without necessity of a release or payment of tuition. Establishes that any such student will be considered a resident of Alamance for all public school purposes. Requires notice be given to all affected school systems by the parent or guardian in order to exercise this privilege. Grants identical privileges to a child who is a resident of any property affected by the 2008 survey on January 1, 2018, and who is a student in the Guilford County school system during the 2018-19 school year, and the siblings of any such student provided a choice to remain in their current school system until graduation from high school. 

Provides immunity from liability for Alamance County and Orange County (appears to intend Guilford County), and their officials, employees, and agents for any damages, costs, fees, or fines, or for any recommendation, act, failure to act, or conduct related to the provisions of the act and/or the adoption of a fixed boundary line separating the two counties. 

Effective January 1, 2018.

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