§ 160A-54. Population and land estimates. - North Carolina Statutes

§ 160A‑54. Population and land estimates.

In determining population and degree of land subdivision for purposesof meeting the requirements of G.S. 160A‑48, the municipality shall usemethods calculated to provide reasonably accurate results. In determiningwhether the standards set forth in G.S. 160A‑48 have been met on appealto the superior court under G.S. 160A‑50, the reviewing court shallaccept the estimates of the municipality unless the actual population, totalarea, or degree of land subdivision falls below the standards in G.S. 160A‑48:

(1)        As to population, if the estimate is based on the number ofdwelling units in the area multiplied by the average family size in such area,or in the township or townships of which such area is a part, as determined bythe last preceding federal decennial census; or if it is based on a newenumeration carried out under reasonable rules and regulations by the annexingmunicipality; provided, that the court shall not accept such estimates if thepetitioners demonstrate that such estimates are in error in the amount of tenpercent (10%) or more.

(2)        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.

(3)        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. 1009, s. 10; 1973, c. 426, s. 74; 1998‑150, s. 19.)