North Carolina § 153A-17 - Existing boundaries.

§ 153A-17. Existing boundaries.

The boundaries of each county shall remain as presently established, until changed in accordance with law. History (1973, c. 822, s. 1.) Local Modification. - Alamance and Guilford Counties: 2018-61, ss. 1-11; Wake, Chatham, and Harnett Counties: 2018-62, ss. 1-8. Editor's Note. - Session Laws 2018-61, ss. 1-11, effective July 1, 2018, provided for the transition of properties of the area along the common boundary between Alamance County and Guilford County due to the 2008 North Carolina Geodetic Survey that depicted and monumentted the historic Alamance/Guilford County boundary line as described in the 1949 survey establishing Guilford County. Session Laws 2018-61, ss. 1, 11, specifically provide: "SECTION 1: The true historic Guilford County boundary line, as described and set forth in the survey of 1849, has now been determined by resurvey conducted by the North Carolina Geodetic Survey (NCGS) in 2008 (hereinafter '2008 survey') upon the request of the boards of commissioners of Alamance and Guilford Counties by resolutions adopted in December 2007. The board of commissioners of Alamance and Guilford County have each adopted a resolution ratifying the 2008 survey as authorized in G.S. 153A-18. The boundary line as set out in the resurvey of the line conducted by the NCGS in 2008 is hereby recognized as the true and accurate boundary for Guilford County and Alamance County and is hereby ratified. No later than September 1, 2018, the NCGS shall submit the survey plat denoting the location of the reestablished Alamance/Guilford boundary line to the Register of Deeds in Alamance and Guilford Counties and to the Office of the Secretary of State. "SECTION 11: The establishment of a county boundary line is, pursuant to Section 1 of Article VII of the North Carolina Constitution, the responsibility of the General Assembly. Further, it is vital to the State of North Carolina and all affected local governments that county boundary lines be fixed and any uncertainty as to the location of county boundary lines be resolved. For this reason and in the interest of justice, neither Alamance County nor Guilford County, nor any agent, employee, or appointed or elected official thereof, shall be liable to any individual, group, organization, for-profit or not-for-profit business entity of any kind, or governmental entity or agency of any type or kind for any damages, costs, fees, or fines, and no court action shall be maintained against said counties, officials, employees, and agents for any recommendation, act, failure to act, or conduct related to the provisions of this act and/r the adoption of a fixed boundary line separating the two counties. Alamance County and Guilford County and their officials, employees, and agents are released from all liability for any claims made, and no court action shall be maintained against said officials, employees, and agents for any act or failure to act pursuant to the terms of this act." Session Laws 2018-62, ss. 1-8, effective January 1, 2019, establish the tri-county boundary corner between Wake, Harnett, and Chatham Counties, and correct a portion of the southernmost Wake/Chatham County boundary line as described in a 1961 survey. Session Laws 2018-62, ss. 5, 8, specifically provide: "SECTION 5. The General Assembly hereby ratifies the 2017 NCGS Resurvey, dated September 27, 2017, and entitled 'Resurvey of the Chatham, Harnett, and Wake County Corner' as the official survey of the tri-county corner shared among Wake, Chatham, and Harnett County and the corrected portion of the southern boundary line between Wake and Chatham County. Unless otherwise modified by this act, the other boundary locations as referenced in the 1961 Wake/Chatham survey shall remain in full force and effect. Wake, Chatham, and Harnett County, with the assistance of NCGS, shall cause a final version of the 2017 NCGS Resurvey to be prepared for official recording in their respective Register of Deeds Offices on or after the effective date of this act. Each county shall cause a copy of the same to be filed with the North Carolina Secretary of State. "SECTION 8. The elected and appointed officials and employees of Wake, Chatham, and Harnett County shall incur no liability under any local or general law, ordinance, rule, or regulation for any act or failure to act relating to taxation, school attendance, land-use controls, elections, or any other governmental function as it relates to the boundary line of Wake, Chatham, and Harnett County."