NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 228

HOUSE BILL 105

 

 

AN ACT TO PROVIDE FOR THE REGISTRATION OF RIGHT OF WAY PLANS FOR STATE HIGHWAY COMMISSION PROJECTS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 136 of the General Statutes is hereby amended by adding a new Section immediately following G.S. 136-19.3, and immediately preceding G.S. 136-20, to be numbered G.S. 136-19.4, and to read as follows:

"G.S. 136-19.4.  Registration of Right of Way Plans. (a) A copy of the cover sheet and plan and profile sheets of the final right of way plans for all State Highway Commission projects, on those projects for which plans are prepared, under which right of way or other interest in real property is acquired or access is controlled shall be certified under the State Highway Commission's seal by the Secretary of the State Highway Commission to the register of deeds of the county or counties within which the project is located. The secretary shall certify said plan sheets to the register of deeds within two weeks from their formal approval by the State Highway Commission.

(b)        The copy of the plans certified to the register of deeds shall consist of a xerox, photographic, or other permanent copy and shall measure approximately 20 inches by 12 inches including no less than 1 1/2 inches binding space on the left-hand side.

(c)        Notwithstanding any other provision in the law, upon receipt of said original certified copy of the right of way plans, the register of deeds shall record said right of way plans and place the same in a book maintained for that purpose, and the register of deeds shall maintain across-index to said right of way plans by number of road affected, if any, and by project number. No probate before the Clerk of the Superior Court shall be required.

(d)        If after the approval of said final right of way plans the State Highway Commission shall by resolution alter or amend said right of way or control of access, the Secretary to the Commission, within two weeks from the adoption by the State Highway Commission of said alteration or amendment, shall certify under seal of the State Highway Commission to the register of deeds in the county or counties within which the project is located a copy of the amended plan and profile sheets approved by the State Highway Commission and the register of deeds shall remove the original plan sheets and record the amended plan sheets in lieu thereof.

(e)        The register of deeds in each county shall collect a fee from the State Highway Commission of fifty cents (50˘) for the indexing of each project and in addition shall collect a fee of five dollars ($5.00) for each original or amended plan and profile sheet recorded."

Sec. 2.  G.S. 47-30 is hereby amended by adding the following subsection at the end thereof:

"(1)      The provisions of this Section shall not apply to the registration of highway right of way plans provided for in G.S. 136-19.4.

Sec. 3.  Chapter 161 of the General Statutes is hereby amended by adding a new Section immediately following G.S. 161-10.1, and immediately preceding G.S. 161-11, to be numbered G.S. 161-10.2, and to read as follows:

"161-10.2.  Fees for Recording State Highway Commission Right of Way Plans. Nothing contained in G.S. 161-10, G.S. 161-101, or local modifications thereof, shall apply to the registration of State Highway Commission right of way plans as provided for in G.S. 136-19.4."

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  This Act shall become effective July 1, 1967.

In the General Assembly read three times and ratified, this the 25th day of April, 1967.