Senate committee backs bill letting counties, townships vacate streets in dissolved cities

The Senate Transportation Committee voted to recommend Senate Bill 2329, which would let an organized township or a county (when a township is unorganized) use the same legal procedure cities use to vacate streets and alleys after a city dissolves.

Senator Du Lee, who introduced the bill, told the committee the proposal responds to calls from township officials and county attorneys about small communities that have unincorporated or dissolved and left streets and alleys “unsupervised or untended.” “There really needs to be something done about that,” Lee said.

Larry Severson, identified in testimony as the executive director of the North Carolina Township Officers Association, told the committee that the problem shows up around the state where once-incorporated towns have largely disappeared but dedicated streets remain only as lines on a map. He said current city procedures for abandonment do not apply once a city unincorporates, leaving property title questions and potential liability for counties or townships. “Only a city has the power to vacate city streets and alleys. Once the city is unincorporated, there is no power that can abandon its streets and alleys,” Severson testified.

Under the bill as discussed, an organized township would conduct the process to vacate a street; where a township is unorganized the county would have the option to use the same petition, notice and hearing process used for city street abandonment. Committee members repeatedly pressed on the meaning of permissive language — whether the county “may” act and what happens if it chooses not to — and witnesses said the permissive language means the county board must take affirmative action on a petition to start the process, and that inaction would leave maintenance choices to county priority decisions.

Witnesses and senators discussed a 2022 example involving the former town site of Larson in Burke County where a small number of residences remain and most dedicated streets exist only on maps. Testimony said the bill’s aim is to allow property owners to obtain a county recorder entry that the streets and alleys no longer exist so that title is cleared and local governments’ liability is limited.

Motion and vote: Senator Klein moved that the committee give SB 2329 a “do pass” recommendation; the motion was seconded and the roll call recorded aye votes from Senators Klein, Paulson, Romo, Chairman Clemens, Vice Chair Cory and Senator Hogan. The committee reported the bill as due pass; Senator Paulson agreed to carry the measure.

The committee did not adopt substantive amendments during the hearing; staff and stakeholders were asked to provide drafting details and the League of Cities and Association of Counties were referenced as having assisted in developing the procedures described in testimony.

The committee hearing combined witness testimony, sponsor remarks and several clarifying questions about county responsibility and petition-driven processes. The proposal will next proceed with the committee’s due-pass recommendation and a sponsor to carry it to the floor.