15A NCAC 12H .0307. EXTINGUISHMENT BY THE STATE

(a)  Articles of dedication may be extinguished by amendment and the dedication abandoned when the qualifying features of the land have been destroyed or irretrievably damaged and the public purposes of the dedication have been utterly frustrated and then only after a public hearing with notice provided as described in Rule .0306(a) of this Section and only then with the concurrence of the Governor and Council of State.

(b)  Where articles of dedication are proposed to be extinguished for other reasons, the State must find that the extinguishment and abandonment serves an imperative and unavoidable public necessity and that no prudent alternative exists, and then only after a public hearing with notice provided as described in Rule .0306(a) and only then with the concurrence of the Governor and Council of State.

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

 

History Note:        Authority G.S. 113A‑164.4; 113A‑164.6(c).;

Eff. January 1, 1986.