§ 136-19.4. Registration of right-of-way plans. - North Carolina Statutes

§ 136‑19.4. Registration of right‑of‑way plans.

(a)        A copy of the coversheet and plan and profile sheets of the final right‑of‑way plansfor all Department of Transportation projects, on those projects for whichplans are prepared, under which right‑of‑way or other interest inreal property is acquired or access is controlled shall be certified by theDepartment of Transportation to the register of deeds of the county or countieswithin which the project is located. The Department shall certify said plan sheetsto the register of deeds within two weeks from their formal approval by theBoard of Transportation.

(b)        The copy of theplans certified to the register of deeds shall consist of a Xerox,photographic, or other permanent copy, except for plans electronicallytransmitted pursuant to subsection (b1) of this section, and shall measureapproximately 17 inches by 11 inches including no less than one and one‑halfinches binding space on the left‑hand side.

(b1)      With the approval ofthe county in which the right‑of‑way plans are to be filed, theDepartment may transmit the plans electronically.

(c)        Notwithstanding anyother provision in the law, upon receipt of said original certified copy of theright‑of‑way plans, the register of deeds shall record said right‑of‑wayplans and place the same in a book maintained for that purpose, and theregister of deeds shall maintain a cross‑index to said right‑of‑wayplans by number of road affected, if any, and by identification number. Noprobate before the clerk of the superior court shall be required.

(d)        If after theapproval of said final right‑of‑way plans the Board ofTransportation shall by resolution alter or amend said right‑of‑wayor control of access, the Department of Transportation, within two weeks fromthe adoption by the Board of Transportation of said alteration or amendment,shall certify to the register of deeds in the county or counties within whichthe project is located a copy of the amended plan and profile sheets approvedby the Board of Transportation and the register of deeds shall remove theoriginal plan sheets and record the amended plan sheets in lieu thereof.

(e)        The register ofdeeds in each county shall collect a fee from the Department of Transportationfor recording right‑of‑way plans and profile sheets in the amountset out in G.S. 161‑10. (1967, c. 228, s. 1; 1969, c. 80, s. 13; 1973, c. 507,ss. 5, 12‑15; 1975, c. 716, s. 7; 1977, c. 464, s. 7.1; 1999‑422,s. 1; 2000‑68, s. 1; 2001‑390, s. 6.)