Bill Summary for H 438 (2023-2024)
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AN ACT TO ESTABLISH THE COMMON BOUNDARY BETWEEN FRANKLIN AND GRANVILLE COUNTIES.Intro. by Winslow.
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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.