§ 136-96.1. Special proceeding to declare a right-of-way dedicated to public use. - North Carolina Statutes

§ 136‑96.1.  Specialproceeding to declare a right‑of‑way dedicated to public use.

(a)        A specialproceeding under Article 3, Chapter 1 of the General Statutes may be brought todeclare a right‑of‑way dedicated to public use if:

(1)        The landowners oftracts constituting two‑thirds of the road frontage of the land abuttingthe right‑of‑way in question join in the action;

(2)        The right‑of‑wayis depicted on an unrecorded map, plat, or survey;

(3)        The right‑of‑wayhas been actually open and used by the public; and

(4)        Recorded deeds forat least three separate parcels abutting the right‑of‑way recitethe existence of the right‑of‑way as a named street or road.

(b)        In a specialproceeding brought pursuant to this section, the clerk of court shall issue anorder declaring the right‑of‑way to be dedicated to public use uponfinding that the provisions of subsection (a) of this section have been proven.

(c)        Any right‑of‑wayfound to be dedicated to public use pursuant to this section that is proposedfor addition to the State highway system shall meet the requirements of G.S.136‑102.6.

(d)        This section shallnot apply to any right‑of‑way established by adverse possession orby cartway proceeding. (2001‑501, s. 1.)