AN ACT granting public utilities and cable television systems immediate access to certain public rights‑of‑way.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 9 of Chapter 62 of the General Statutes is amended by adding the following new section to read:
"§ 62‑182.1.  Access to dedicated public right‑of‑way.
When any map or plat of a subdivision, recorded as provided in G.S. 47‑30 and G.S. 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 or cable television system to install, maintain, and operate lines, cables, or facilities for the provision of service to the public. No public utility 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 G.S. 47‑30 and G.S. 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 G.S. 47‑30 and G.S. 136‑102.6, no liability shall attach to the developer of the property as a result of any activity of a public utility 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 G.S. 136‑102.6."
SECTION 2.  This act is effective when it becomes law with respect to maps and plats recorded after the effective date.
In the General Assembly read three times and ratified this the 11th day of August, 2005.

	s/	 Beverly E. Perdue
	 President of the Senate

	s/	 James B. Black
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 1:55 p.m. this 22nd day of August, 2005