§ 160A-42. Land estimates. - North Carolina Statutes

§ 160A‑42.  Landestimates.

In determining degree of land subdivision for purposes of meeting therequirements of G.S. 160A‑36, the municipality shall use methodscalculated to provide reasonably accurate results. In determining whether thestandards set forth in G.S. 160A‑36 have been met on appeal to thesuperior court under G.S. 160A‑38, the reviewing court shall accept theestimates of the municipality as provided in this section unless the actualtotal area or degree of subdivision falls below the standards in G.S. 160A‑36:

(1)        As to total area if the estimate is based on an actualsurvey, or on county tax maps or records, or on aerial photographs, or on someother reasonably reliable map used for official purposes by a governmentalagency unless the petitioners on appeal demonstrate that such estimates are inerror in the amount of five percent (5%) or more.

(2)        As to degree of land subdivision, if the estimates are basedon an actual survey, or on county tax maps or records, or on aerialphotographs, or on some other reasonably reliable source, unless thepetitioners on appeal show that such estimates are in error in the amount offive percent (5%) or more. (1959, c. 1010, s. 10; 1973, c. 426, s. 74; 1998‑150, s. 11.)