BACKGROUND
At its May 16, 2022 meeting, the Commission adopted a Road Closure Resolution presented by Attorney James L. Carter on behalf of Duke Energy Carolinas, LLC. Adoption of this resolution (attached) advised the public of the Commission's intent to consider closure of a portion of this unopened private right-of-way.
NCGS 153A-241 (attached) establishes the process for the Commission to close private roads or unopened rights-of-way.
REQUIREMENTS
Attorney Carter has provided the statutory elements for processing the right-of-way closure which include:
1. Adoption of Resolution by the Commission
2. Public Hearing advertised for 3 consecutive weeks
3. Notices sent to adjoining owners
4. Signs posted on the road (by Rowan County Planning)
5. Survey prepared showing the right-of-way to be closed
RECOMMENDATION
- Receive Planning Staff report on the proposal
- Conduct Public Hearing
- Close Public Hearing
- Adopt Resolution accepting the unopened portion of Harold Street
- Consider adopting the order closing the street, and upon a finding that closing the road is not:
a) contrary to the public interest or the property rights of any individual, and
b) that no individual owning property in the vicinity of said portion of Harold Street or in the subdivision in which they are located will be deprived of reasonable means of ingress and egress to his property by the closing of said portion of Harold Street.
- Authorize Chairman to sign Order closing the requested portion of Harold Street and be filed with the Register of Deeds
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