7 N.C. Admin. Code 13H.0307

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Current through Register Vol. 39, No. 13, January 2, 2025

Section 13H .0307 - EXTINGUISHMENT BY THE STATE

(a) Articles of Dedication may be extinguished by amendment and the dedication abandoned if:

(1) the Secretary finds that qualifying features of the land have been destroyed or damaged;

(2) the Secretary finds that the public purposes of the dedication have been frustrated;

(3) after a public hearing with notice provided as described in Rule .0306(a) of this Section; and

(4) with the approval of the Governor and Council of State.

(b) Articles of Dedication may be extinguished by amendment and the dedication abandoned if:

(1) the Secretary finds that the extinguishment and abandonment serves a public necessity and no alternative exists;

(2) after a public hearing with notice provided as described in Rule .0306(a) of this Section; and

(3) with the approval of the Governor and Council of State.

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

07 N.C. Admin. Code 13H .0307

Authority G.S. 143B-135.256; 143B-135.260(c);
Eff. January 1, 1986;
Readopted Eff. March 1, 2017;
Transferred from 15A NCAC 12H .0307 Eff. April 1, 2017.