12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT TO KEEP THE COMMON BOUNDARY LINE BETWEEN LINCOLN COUNTY 2 |
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14 | 15 | | AND CATAWBA COUNTY AS THE CURRENTLY RECOGNIZED COMMON 3 |
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15 | 16 | | BOUNDARY LINE THAT IS USED BY THE COUNTIES FOR TAXATION PURPOSES 4 |
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16 | 17 | | AND REFLECTED IN THE COUNTIES ' GEOGRAPHIC INFORMATION SYSTEMS 5 |
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17 | 18 | | MAPS. 6 |
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18 | 19 | | The General Assembly of North Carolina enacts: 7 |
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19 | 20 | | SECTION 1. The legal boundary line between Lincoln County and Catawba County 8 |
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20 | 21 | | shall be the recognized common boundary line used by Lincoln County and Catawba County for 9 |
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21 | 22 | | taxation purposes and reflected in the counties' geographic information systems maps. 10 |
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22 | 23 | | SECTION 2. Any completed county boundary survey delivered by the North 11 |
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23 | 24 | | Carolina Geodetic Survey in accordance with Article 3 of Chapter 153A of the General Statutes 12 |
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24 | 25 | | in 2024 that is not consistent with Section 1 of this act shall not be binding upon Lincoln County 13 |
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25 | 26 | | and Catawba County and shall not be used by Lincoln County or Catawba County as a common 14 |
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26 | 27 | | boundary between the counties. 15 |
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27 | 28 | | SECTION 3. Notwithstanding any provision of Article 3 of Chapter 153A of the 16 |
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28 | 29 | | General Statutes, not later than 42 months after the date this act becomes effective, North 17 |
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29 | 30 | | Carolina Geodetic Survey (NCGS) or its contractors shall locate, survey, mark, and map the 18 |
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30 | 31 | | boundary line described in Section 1 of this act in the manner provided in G.S. 153A-18. Lincoln 19 |
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31 | 32 | | County shall pay the full cost of the work performed by NCGS or its contractors. Upon 20 |
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32 | 33 | | completion of the survey, NCGS shall cause the survey plat to be recorded in the office of the 21 |
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33 | 34 | | register of deeds of each county in the manner provided by law for the recordation of maps or 22 |
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34 | 35 | | plats and in the Secretary of State's office. 23 |
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35 | 36 | | SECTION 4. On and after the effective date of this act, all papers, documents, and 24 |
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36 | 37 | | instruments required or permitted to be filed or registered related to residents or property shall 25 |
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37 | 38 | | be filed in the county in which the property is located pursuant to the boundary described in 26 |
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38 | 39 | | Section 1 of this act despite the fact that papers, documents, and instruments required or permitted 27 |
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39 | 40 | | to be filed or registered with respect to such residents or property may have been previously 28 |
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40 | 41 | | recorded in the other county. 29 |
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41 | 42 | | SECTION 5. All public records related to residents and property located in areas 30 |
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42 | 43 | | affected by the establishment of the boundary line in Section 1 of this act that were filed or 31 |
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43 | 44 | | recorded prior to the effective date of this act in the adjoining county shall remain in the 32 |
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44 | 45 | | respective adjoining county where filed or recorded, and such records shall be valid public 33 |
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45 | 46 | | records as to the property and persons involved, even though they are recorded in an adjoining 34 |
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46 | 47 | | county where the property is not located as evidenced by the boundary described in Section 1 of 35 |
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49 | 54 | | SECTION 6. The establishment of a county boundary line is, pursuant to Section 1 1 |
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50 | 55 | | of Article VII of the North Carolina Constitution, the responsibility of the General Assembly. 2 |
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51 | 56 | | Further, it is vital to the State of North Carolina and all affected local governments that county 3 |
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52 | 57 | | boundary lines be fixed and any uncertainty as to the location of county boundary lines be 4 |
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53 | 58 | | resolved. For this reason and in the interest of justice, neither Lincoln County nor Catawba 5 |
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54 | 59 | | County, nor any agent, employee, or appointed or elected official thereof, shall be liable to any 6 |
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55 | 60 | | individual, group, organization, for-profit or not-for-profit business entity of any kind, or 7 |
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56 | 61 | | governmental entity or agency of any type or kind for any damages, costs, fees, or fines, and no 8 |
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57 | 62 | | court action shall be maintained against said counties, officials, employees, and agents for any 9 |
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58 | 63 | | recommendation, act, failure to act, or conduct related to the provisions of this act and/or the 10 |
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59 | 64 | | adoption of a fixed boundary line separating the two counties. Lincoln County and Catawba 11 |
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60 | 65 | | County and their officials, employees, and agents are released from all liability for any claims 12 |
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61 | 66 | | made, and no court action shall be maintained against said officials, employees, and agents for 13 |
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62 | 67 | | any act or failure to act pursuant to the terms of this act. 14 |
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63 | 68 | | SECTION 7. This act is effective when it becomes law. 15 |
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