All those portions of the public road system of the State which have not been taken over and placed under maintenance or which have been abandoned by the Department of Transportation, but which remain open and in general use as a necessary means of ingress to and egress from the dwelling house of one or more families, and all those roads that have been laid out, constructed, or reconstructed with unemployment relief funds under the supervision of the Department of Health and Human Services, and all other roads or streets or portions of roads or streets whatsoever outside of the boundaries of any incorporated city or town in the State which serve a public use and as a means of ingress or egress for one or more families, regardless of whether the same have ever been a portion of any State or county road system, are hereby declared to be neighborhood public roads and they shall be subject to all of the provisions of G.S. 136-68, 136-69 and 136-70 with respect to the alteration, extension, or discontinuance thereof, and any interested party is authorized to institute such proceeding, and in lieu of personal service with respect to this class of roads, notice by publication once a week in any newspaper published in said county, or in the event there is no such newspaper, by posting at the courthouse door and three other public places, shall be deemed sufficient: Provided, that this definition of neighborhood public roads shall not be construed to embrace any street, road or driveway that serves an essentially private use, and all those portions and segments of old roads, formerly a part of the public road system, which have not been taken over and placed under maintenance and which have been abandoned by the Department of Transportation and which do not serve as a necessary means of ingress to and egress from an occupied dwelling house are hereby specifically excluded from the definition of neighborhood public roads, and the owner of the land, burdened with such portions and segments of such old roads, is hereby invested with the easement or right-of-way for such old roads heretofore existing.
Upon request of the board of county commissioners of any county, the Department of Transportation is permitted, but is not required, to place such neighborhood public roads as above defined in a passable condition without incorporating the same into the State or county system, and without becoming obligated in any manner for the permanent maintenance thereof.
This section shall not authorize the reopening on abandoned roads of any railroad grade crossing that has been closed by order of the Department of Transportation in connection with the building of an overhead bridge or underpass to take the place of such grade crossing. (1929, c. 257, s. 1; 1933, c. 302; 1941, c. 183; 1949, c. 1215; 1957, c. 65, s. 11; 1969, c. 982; 1973, c. 476, s. 138; c. 507, s. 5; 1977, c. 464, s. 7.1; 1997-443, s. 11A.122.)
Notes of Decisions
Cited in
22
cases, 1949–2001 · leading case:
West v. Slick, 326 S.E.2d 601 (N.C. 1985).
West v. Slick, 326 S.E.2d 601 (N.C. 1985).
· cites it 27× “N.C.G.S. § 136-67 provides, in pertinent part, as follows: Neighborhood public roads.”
Roten v. Critcher, 521 S.E.2d 140 (N.C. Ct. App. 1999).
· cites it 13× “N.C. Gen. Stat. § 136-67 (Cum. Supp. 1998).”
Moore v. Leveris, 495 S.E.2d 153 (N.C. Ct. App. 1998).
· cites it 15× “2d 354, 357 (1979); see N.C. Gen. Stat. § 136-67 (1993). Defendants argue and aver that their evidence tends to show-that the roadway in question is a neighborhood public road within the meaning of the first provision of section 136-67, which provides pertinently: All those…”
Walton v. Meir, 188 S.E.2d 56 (N.C. Ct. App. 1972).
· cites it 12× “The pertinent portions of G.S. 136-67, as rewritten in 1941 and again in 1949, read as follows: “Neighborhood 'public roads.”
Griffin v. Price, 424 S.E.2d 160 (N.C. Ct. App. 1993).
· cites it 23× “Petitioner sought a declaration that he had acquired an easement by implication over the respondents’ property, a declaration that the road crossing respondents’ property was a neighborhood public road under N.C.G.S. § 136-67 (1986), and damages from respondents for blocking the…”
Watkins v. Smith, 253 S.E.2d 354 (N.C. Ct. App. 1979).
· cites it 3× “G.S. 136-67 establishes a procedure for having a road declared a “neighborhood public road.”
West v. Slick, 299 S.E.2d 657 (N.C. Ct. App. 1983).
· cites it 2× “Petitioners sought to establish a neighborhood public road over respondents’ property under G.S. 136-67 or in the alternative to establish a public road by prescription or dedication.”
Dotson v. Payne, 323 S.E.2d 362 (N.C. Ct. App. 1984).
· cites it 4× “At trial, the plaintiffs filed a written motion to amend the pleadings to conform to the evidence in order to have submitted to the jury the issue of whether or not this roadway constituted a neighborhood public road under G.S. 136-67. Their motion was granted by the trial court.”
Woody v. Barnett, 68 S.E.2d 810 (N.C. 1952).
· cites it 3× “G.S. 136-67 converts into neighborhood public roads “all those portions of the public road system of the state which have not been taken over and placed under maintenance or which have been abandoned by the state highway and public works commission, but which remain open and in…”
Snow v. North Carolina State High. Comm'n, 136 S.E.2d 678 (N.C. 1964).
· cites it 2× “” G.S. 136-67. Every segment of a public road which has been abandoned as a part of the State road system coming within the terms of the statute (G.”
Clinard v. Lambeth, 67 S.E.2d 452 (N.C. 1951).
· cites it 2× “The statute G.S. 136-67 defines what is a neighborhood public road, and as so defined declares that such roads shall be subject to all the provisions of G.”
Smith v. Moore, 118 S.E.2d 436 (N.C. 1961).
· cites it 2× “Smith conveyed to his children, a neighborhood *189 road as defined by G.S. 136-67? (2) If not, was it appurtenant to the property now owned by defendants? Plaintiff alleged the road was not maintained by public authority, was not and never had been a public road.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.