TITLE
Title
RESOLUTION AUTHORIZING A REQUEST FOR THE NORTH CAROLINA GEODETIC SURVEY TO SURVEY, MARK, AND MAP THE BOUNDARY BETWEEN GUILFORD AND FORSYTH COUNTIES
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SPONSOR
Sponsor
Ben Chavis
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BACKGROUND
Background
A resolution to establish the boundary line between Forsyth County and Guilford County was adopted by the Guilford County Board of Commissioners in 1964. However, coordinate system changes and the removal of boundary markers has resulted in the exact location of the boundary between Forsyth and Guilford Counties becoming uncertain. This resolution is to request that the North Carolina Geodetic Survey (NCGS) survey, mark, and map the boundary so that it is legally recognized by the State upon completion of the survey.
N.C.G.S. 153A-18(a) provides, If two or more counties are uncertain as to the exact location of the boundary between them, the North Carolina Geodetic Survey (NCGS), on a cooperative basis, shall assist counties in defining and monumenting the location of the uncertain or disputed boundary as established in accordance with law. Upon receiving written request from all counties adjacent to the uncertain or disputed boundary, the NCGS may cause the boundary to be surveyed, marked, and mapped. The counties may appoint special commissioners to supervise the surveying, marking, and mapping. A commissioner so appointed or a person surveying or marking the boundary may enter upon private property to view and survey the boundary or to erect boundary markers. Upon ratification of the survey by the board of commissioners of each county, a map showing the surveyed boundary shall be recorded in the office of the register of deeds of each county in the manner provided by law for the recordation of maps or plats and in the Secretary of State's office. The map shall contain a reference to the date of each resolution of ratification and to the page in the minutes of each board of commissioners where the resolution may be found. Upon recordation, the map is conclusive as to the location of the boundary.
If after the NCGS submits the results of the survey to the requesting counties, and the requesting counties have not ratified the reestablished boundary within one year of receiving the (map) survey plat denoting the location of the reestablished boundary, the survey plat will become conclusive as to the location of the boundary and will be recorded in the Register of Deeds in each affected county and in the Secretary of State's office. The Chief of the NCGS (State Surveyor) will notify each affected party in writing of the action taken. As used in this subsection, an "affected party" means both (i) the governing body of a county that the reestablished boundary denotes the extent of its jurisdiction and (ii) a property owner whose real property has been placed in whole or in part in another county due to the reestablished boundary.
N.C.G.S. 153A-18(b) provides, if two or more counties dispute the exact location of the boundary between them, and the dispute cannot be resolved pursuant to subsection (a) of this section, any of the counties may apply to a superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or 7A-48 in any of the districts or sets of districts as defined in G.S. 7A-41.1 in which any of the counties is located for appointment of a boundary commission. The application shall identify the disputed boundary and ask that a boundary commission be appointed. Upon receiving the application, the court shall set a date for a hearing on whether to appoint the commission. The court shall cause notice of the hearing to be served on the other county or counties. If, after the hearing, the court finds that the location of the boundary is disputed, it shall appoint a boundary commission. If the court is satisfied that the commissioners have made no error of law, it shall ratify the report, after which the map shall be recorded in the office of the register of deeds of each county in the manner provided by law for the recordation of maps or plats and in the Secretary of State’s office. Upon recordation, the map is conclusive as to the location of the boundary.
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RESOLUTION
Resolution
WHEREAS, over the years, due to changes in mapping technology and the removal of boundary markers, the exact location of the boundary between Guilford and Forsyth Counties has become uncertain, with each County having a slightly different opinion as to the location;
WHEREAS, uncertainty as to the boundary affects each County’s provision of services and taxation of property for residents and businesses located near the boundary;
WHEREAS, pursuant to NC General Statutes 153A-18(a), if two counties are uncertain as to the exact location of the boundary between them, they may request in writing that the North Carolina Geodetic Survey (NCGS) survey, mark, and map the boundary, and each county may appoint a special commissioner to supervise the surveying, marking, and mapping of the boundary;
WHEREAS, NCGS would perform such work at no cost to each County; and
WHEREAS, the County Managers of Guilford and Forsyth recommend that each County’s Board of Commissioners request that the boundary between the Counties be surveyed, marked and mapped by the NCGS in order to determine the exact boundary;
WHEREAS, approximately 250 parcels cross Guilford County’s boundary with Forsyth;
WHEREAS, Items this request will not define.
Guilford County’s common boundary with Davidson County, and the Davidson County/Guilford County boundary will not be included in this NCGS. Guilford County’s boundary with Rockingham County will not be included in this NCGS. This survey will only confirm the east west location of Guilford County’s common boundary and not Guilford’s common corners with Davidson, Rockingham, or Stokes counties.
BE IT RESOLVED by the Guilford County Board of Commissioners that:
1. As a result of a coordinate system shift and the removal of physical boundary markers, the Board of Commissioners finds that Guilford County’s boundary with Forsyth County is uncertain;
2. The Board of Commissioners hereby appoints Eric Funderburk, Senior GIS Analyst;
3. The Board of Commissioners hereby requests the North Carolina Geodetic Survey to survey, mark, and map the boundary between Guilford and Forsyth Counties; and
4. This resolution shall be in full effect upon its adoption.
Adopted by Guilford County this the 15th day of February 2024.
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REQUESTED ACTION
Requested Action
Adopt resolution authorizing the North Carolina Geodetic Survey to survey, mark and map the boundary between Guilford and Forsyth Counties.
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