Bill Summary for H 1082 (2017-2018)

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Summary date: 

Jun 1 2018
S.L. 2018-62

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 1082 (Local) Filed Friday, June 1, 2018
Intro. by Lewis, Jackson, Dollar, Sauls.

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Bill summary

Establishes that Wake, Chatham, and Harnett County mutually agree to abandon the easternmost concrete monument corner (tri-county corner) referenced in the 1961 Wake/Chatham survey, as described, and instead establish the tri-county corner based on the 2017 Resurvey of the Chatham, Harnett, Wake County Corner (2017 survey) prepared by the North Carolina Geodetic Survey (NCGS). Provides that the proposed relocation of the tri-county corner and the resultant correction in a portion of the shared southern boundary between Wake and Chatham County will only affect unimproved parcels that are located in either Wake or Chatham County, with no immediate effect on Harnett County parcels. Ratifies the 2017 survey as the official survey of the tri-county corner shared among Wake, Chatham, and Harnett County and the corrected portion of the southern boundary line between Wake and Chatham County. Directs the counties, with the assistance of NCGS, to record a final version of the 2017 survey with the register of deeds in each county, on or after January 1, 2019, with a copy of the same to be filed with the Office of the Secretary of State.

Provides that all public records related to residents and property located in areas affected by the 2017 survey that were filed prior to January 1, 2019, 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 2017 survey.

Provides that all real and personal property affected by the 2017 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 2017 survey for the fiscal year beginning July 1, 2019. Provides for the assessment and taxation of real and personal property affected by the 2017 survey on or after July 1, 2019, including that (1) all real property appearing on the 2017 survey that is bisected between Wake and Chatham County must be split assessed in accordance with administrative procedures adopted by the respective counties, and (2) all unpaid taxes and tax liens for the fiscal year ending in June 30, 2019, or for prior years on property subject to taxation in areas affected by the 2017 survey will continue to be valid and enforceable by the respective adjoining county. 

Provides that though no residences have been identified as affected by the 2017 survey, requires that students enrolled in the Wake, Chatham, or Harnett County school system who are subsequently impacted by the act be provided with a choice to remain in their current school system until graduation from high school, tuition-free, so long as they resided in the place of residence during the 2017-18 school year and continue to reside therein. Grandfathers siblings of any qualifying students benefited by this provision to be provided the same privilege so long as the sibling meets the eligibility requirements of their older sibling. 

Provides immunity from liability for elected and appointed officials and employees of Wake, Chatham, and Harnett County 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 boundary line of Wake, Chatham, and Harnett County.

Effective January 1, 2019.