07 NCAC 13H .0307         EXTINGUISHMENT BY THE STATE

(a)  Articles of Dedication may be extinguished by amendment and the dedication abandoned if:

(1)           the Secretary finds that qualifying features of the land have been destroyed or damaged;

(2)           the Secretary finds that the public purposes of the dedication have been frustrated;

(3)           after a public hearing with notice provided as described in Rule .0306(a) of this Section; and

(4)           with the approval of the Governor and Council of State.

(b)  Articles of Dedication may be extinguished by amendment and the dedication abandoned if:

(1)           the Secretary finds that the extinguishment and abandonment serves a public necessity and no alternative exists;

(2)           after a public hearing with notice provided as described in Rule .0306(a) of this Section; and

(3)           with the approval of the Governor and Council of State.

(c)  After the public hearing, the State shall publish a statement of its findings in the newspaper of largest circulation in the county or counties where the land lies at least 30 days before the extinguishment is final.

History Note:        Authority G.S. 143B-135.256; 143B-135.260(c);

Eff. January 1, 1986;

Readopted Eff. March 1, 2017;

Transferred from 15A NCAC 12H .0307 Eff. April 1, 2017.