North Carolina General Statutes 62-182.1. Access to dedicated public right-of-way
Terms Used In North Carolina General Statutes 62-182.1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Highway: means any road or street in this State used by the public or dedicated or appropriated to public use. See North Carolina General Statutes 62-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- public utility: except as otherwise expressly provided in this Chapter, shall not include the following:
- Service: means any service furnished by a public utility, including any commodity furnished as a part of such service and any ancillary service or facility used in connection with such service. See North Carolina General Statutes 62-3
When any map or plat of a subdivision, recorded as provided in N.C. Gen. Stat. § 47-30 and N.C. Gen. Stat. § 136-102.6, reflects the dedication of a public street or other public right-of-way, the dedicated public street or public right-of-way shall, upon recordation of the map or plat, become immediately available for use by any public utility, telephone membership corporation organized under N.C. Gen. Stat. § 117-30, or cable television system to install, maintain, and operate lines, cables, or facilities for the provision of service to the public. No public utility, telephone membership corporation organized under N.C. Gen. Stat. § 117-30, or cable television system shall place or erect any line, cable, or facility in, over, or upon a street or right-of-way in a subdivision that is intended to become a public street or public right-of-way, until a map or plat of the subdivision has been recorded as provided in N.C. Gen. Stat. § 47-30 and N.C. Gen. Stat. § 136-102.6, and except in accordance with procedures established by the Department of Transportation, Division of Highways, for accommodating utilities or cable television systems on highway rights-of-way. Upon recordation of a map or plat of a subdivision as provided in N.C. Gen. Stat. § 47-30 and N.C. Gen. Stat. § 136-102.6, no liability shall attach to the developer of the property as a result of any activity of a public utility, telephone membership corporation organized under N.C. Gen. Stat. § 117-30, or cable television system occurring in the dedicated public street or public right-of-way. Nothing in this section shall relieve the developer of the property of responsibilities under N.C. Gen. Stat. § 136-102.6 (2005-286, s. 1; 2006-259, s. 15.)