§ 141-1. Governor to cause boundaries to be established and protected.

The Governor of North Carolina is hereby authorized to appoint two competent commissioners and a surveyor and a sufficient number of chainbearers, on the part of the State of North Carolina, to act with the commissioners or surveyors appointed or to be appointed by any of the contiguous states of Virginia, Tennessee, South Carolina, and Georgia, to return and remark, by some permanent monuments at convenient intervals, not greater than five miles, the boundary lines between this State and any of the said states.

The Governor is also authorized, whenever in his judgment it shall be deemed necessary to protect or establish the boundary lines between this State and any other state, to institute and prosecute in the name of the State of North Carolina any and all such actions, suits, or proceedings at law or in equity, and to direct the Attorney General or such other person as he may designate to conduct and prosecute such actions, suits, or proceedings.

History. 1881, c. 347, s. 1; Code, s. 2289; 1889, c. 475, s. 1; Rev., s. 5315; 1909, c. 51, s. 1; C.S., s. 7396.

CASE NOTES

Line Between North Carolina and Tennessee. —

Under the Acts of 1821 of the States of North Carolina and Tennessee confirming the boundary line between the two states “as run and marked” by the joint commission, when it is clearly shown where the line between two known points but a few miles apart was run and marked by the commission, such line must be accepted by the courts, in a suit between private persons, as the true and ancient boundary, even though it now appears that a different line between such points might more accurately conform to a general call in the act of cession for “the extreme height” of a certain mountain for a distance of 100 miles. Stevenson v. Fain, 116 F. 147, 1902 U.S. App. LEXIS 4313 (6th Cir. 1902).

§ 141-2. Payment of expenses of establishing boundaries.

When the line has been rerun and remarked as above provided between this State and any of the contiguous states, or such portion of said lines as shall be mutually agreed by the commissioners, the Governor is authorized to issue his warrant upon the State Treasurer for such portion of the expenses as shall fall to the share of this State.

History. 1881, c. 347, s. 2; Code, s. 2290; 1889, c. 475, s. 2; Rev., s. 5316; C.S., s. 7397.

§ 141-3. Appointment of arbitrators.

If any disagreement shall arise between the commissioners, the Governor of this State is hereby authorized to appoint arbitrators to act with similar officers to be appointed by the other states in the settlement of the exact boundary.

History. 1881, c. 347, s. 3; Code, s. 2291; 1889, c. 475, s. 3; Rev., s. 5317; C.S., s. 7398.

§ 141-4. Disagreement of arbitrators reported to General Assembly.

In case of any serious disagreement and inability on the part of the said arbitrators to agree upon said boundary, such fact shall be reported by the Governor to the next General Assembly for their action.

History. 1881, c. 347, s. 4; Code, s. 2292; 1889, c. 475, s. 4; Rev., s. 5318; C.S., s. 7399.

§ 141-5. Approval of survey.

When the commissioners shall have completed the survey, or so much as shall be necessary, they shall report the same to the Governor, who shall lay the same before the Council of State; and when the Governor and the Council of State shall have approved the same the Governor shall issue his proclamation, declaring said lines to be the true boundary line or lines, and the same shall be the true boundary line or lines between this and the states above referred to.

History. 1881, c. 347, s. 5; Code, s. 2293; 1889, c. 475, s. 5; Rev., s. 5319; C.S., s. 7400.

§ 141-6. Eastern boundary of State; jurisdiction over territory within littoral waters and lands under same.

  1. The Constitution of the State of North Carolina, adopted in 1868, having provided in Article I, Sec. 34, that the “limits and boundaries of the State shall be and remain as they now are,” and the eastern limit and boundary of the State of North Carolina on the Atlantic seaboard having always been, since the Treaty of Peace with Great Britain in 1783 and the Declaration of Independence of July 4, 1776, one marine league eastward from the Atlantic seashore, measured from the extreme low-water mark, the eastern boundary of the State of North Carolina is hereby declared to be fixed as it has always been at one marine league eastward from the seashore of the Atlantic Ocean bordering the State of North Carolina, measured from the extreme low-water mark of the Atlantic Ocean seashore aforesaid.
  2. The State of North Carolina shall continue as it always has to exercise jurisdiction over the territory within the littoral waters and ownership of the lands under the same within the boundaries of the State, subject only to the jurisdiction of the federal government over navigation within such territorial waters.
  3. The Governor and the Attorney General are hereby directed to take all such action as may be found appropriate to defend the jurisdiction of the State over its littoral waters and the ownership of the lands beneath the same.

History. 1947, c. 1031, ss. 1-3; 1969, c. 541, s. 1.

Editor’s Note.

The reference to the State Constitution in this section is to the Constitution adopted in 1868, as amended. See now N.C. Const., Art. XIV, § 2.

OPINIONS OF ATTORNEY GENERAL

While a proposal to permanently fix the seaward boundary for the State at specific coordinates would violate both subsection (a) of this section, and Article XIV, § 2 of the N.C. Constitution, which this section implements, the acceptance of an ambulatory boundary, which merely represents the seaward boundary’s location at a certain time, and moves with changes to the shoreline, whether by erosion, accretion or fill deposition, would be consistent with the constitution and not require amendment of this section; a reading of the State constitutional provision together with this section and the case law reveal them to require that the eastern boundary always remain at a distance of three geographical miles from the extreme low water mark (ELWM). See opinion of Attorney General to Gary W. Thompson, Chief, North Carolina Geodetic Survey, 1998 N.C. Op. Att'y Gen. 7 (2/11/98).

§ 141-7. [Repealed]

Repealed by Session Laws 1977, c. 342.

§ 141-7.1. Southern lateral seaward boundary.

The lateral seaward boundary between North Carolina and South Carolina from the low-water mark of the Atlantic Ocean shall be and is hereby designated as a continuation of the North Carolina-South Carolina boundary line as described by monuments located at Latitude 33° 51´ 50.7214" North, Longitude 78° 33´ 22.9448" West, at Latitude 33° 51´ 36.4626" North, Longitude 78° 33´ 06.1937" West, and at Latitude 33° 51´ 07.8792" North, Longitude 78° 32´ 32.6210" West, in a straight line projection of said line to the seaward limits of the States’ territorial jurisdiction, such line to be extended on the same bearing insofar as a need for further delimitation may arise.

History. 1979, c. 894; 1981, c. 744.

Editor’s Note.

Session Laws 1979, c. 894, s. 2, provided: “This act shall become effective upon ratification and with approval thereof, and concurrence therein, by the State of South Carolina and upon the approval and consent to this act by the Congress of the United States; provided, that this act shall stand repealed if the State of South Carolina and the Congress of the United States do not ratify, confirm, adopt, or otherwise consent to the effect of the act establishing the lateral seaward boundary between North Carolina and South Carolina by January 1, 1985.” The approval of the State of South Carolina and consent of the United States Congress has been given to effectuate the act.

§ 141-8. Northern lateral seaward boundary.

The lateral seaward boundary between North Carolina and Virginia eastward from the low-water mark of the Atlantic Ocean shall be and is hereby designated as a line beginning at the intersection of the low-water mark of the Atlantic Ocean and the existing North Carolina-Virginia boundary line; thence due east on a true 90 degree bearing to the seaward jurisdictional limit of North Carolina; such boundary line to be extended on the true 90 degree bearing as far as a need for further delineation may arise.

History. 1969, c. 841; 1971, c. 452, s. 1.

Editor’s Note.

Former G.S. 141-8 , enacted by Session Laws 1969, c. 841, provided that that section should stand repealed should the Congress of the United States not ratify, confirm, adopt or otherwise consent to the effect of the same by November 1, 1970. Congress did not consent, and the section enacted in 1969 therefore stood repealed.

Session Laws 1971, c. 452, s. 2, provided: “This act shall become effective upon ratification, and with approval thereof, and concurrence therein, by the General Assembly of Virginia and upon the approval and consent to this act by the Congress of the United States.” The act has been approved by the State of Virginia and consented to by the United States Congress.

§ 141-9. Reestablishment of North Carolina-South Carolina boundary.

  1. Findings. —  The General Assembly finds that:
    1. North Carolina and South Carolina were created as separate British colonies.
    2. Surveys to determine the boundary between North Carolina and South Carolina began in 1735 and concluded in 1815.
    3. Resurveys of three sections of the boundary between North Carolina and South Carolina were performed in 1813, 1905, and 1928.
    4. The boundary between North Carolina and South Carolina has not changed; however, over the course of time from the original survey of the boundary, some of the markers denoting the boundary from the original surveys have been lost or destroyed by the elements.
    5. The boundary commission authorized pursuant to Chapter 141 of the General Statutes has worked with commissioners appointed by South Carolina to reestablish the boundary between North Carolina and South Carolina.
  2. Intent. —  It is the intent of the General Assembly to address the effects on persons or land with a situs recognized, as a result of a boundary certification, to be in this State and to avoid disputes with such persons or owners of such land. This act does not apply to persons whose property, rights, and businesses are not affected by boundary certification. For purposes of this act, “boundary certification” means the certification by the General Assembly of the boundary between North Carolina and South Carolina, as provided for in subsection (c) of this section.
  3. Certification. —  For purposes other than property tax, the General Assembly hereby certifies that, as of January 1, 2017, the boundary between North Carolina and South Carolina is the boundary that was established by the original survey and resurveys that were adopted through legislative and executive actions, and the reestablished boundary has been approved by the boundary commissions of North Carolina and South Carolina and proclaimed as the boundary by the Governor, pursuant to G.S. 141-5 . For property tax purposes, the General Assembly hereby certifies that, as of January 1 of the year following the year this act becomes effective or the year an executive order has been issued by the Governor proclaiming the boundary between North Carolina and South Carolina, whichever is earlier, the boundary between North Carolina and South Carolina is the boundary that was established by the original survey and resurveys that were adopted through legislative and executive actions, and the reestablished boundary has been approved by the boundary commissions of North Carolina and South Carolina and proclaimed as the boundary by the Governor, pursuant to G.S. 141-5 .

History. 2016-23, s. 1(a)-(c).

Editor’s Note.

Session Laws 2016-23, s. 1(a)-(c), effective June 22, 2016, was codified as this section at the direction of the Revisor of Statutes.

Session Laws 2016-23, s. 2(a), provides: “Taxes. — The following provisions apply to taxes affected by boundary certification:

“(1) Neither the State nor a subdivision of the State may assess a tax on a person for activities occurring prior to the date of certification where the basis of the assessment is the certification.

“(2) The State and its subdivisions may assess a tax for activities occurring on or after the date of certification subject to the following conditions:

“a. For taxes imposed for a taxable period, the tax may not be imposed for a period beginning prior to the date of certification.

“b. For sales and use taxes for an item that is provided and billed on a monthly or other periodic basis, the tax may not be assessed for periods beginning prior to the date of certification.

“c. For a person subject to taxes levied under Article 2A of Chapter 105 of the General Statutes who, on the date of the certification, has on hand any tobacco products, the person must file a complete inventory of the tobacco products within 20 days after date of certification and must pay an additional tax to the Secretary of Revenue when filing the inventory. The amount of the tax due is the amount due based on the current tax rate less any tax paid on the inventory to another state.

“d. For installments and carryforwards of tax benefits allowed by this State at the time of boundary certification for activities with a situs in South Carolina, a person may claim remaining installments and carryforwards against State tax liability.

“e. For land that is classified under G.S. 105-277.3 at the time of boundary certification and that fails to meet the size requirements of G.S. 105-277.3 solely because of boundary certification, (i) no deferred taxes are due as a result of boundary certification, (ii) the deferred taxes remain a lien on the land located in this State, and (iii) the deferred taxes for the land in this State are otherwise payable in accordance with G.S. 105-277.3. The tax benefit provided in this sub-subdivision is forfeited if any portion of the land located in this State is sold.

“f. For land receiving a property tax benefit other than classification under G.S. 105-277.3 at the time of boundary certification that fails to meet the requirements for the property tax benefit solely because of boundary certification, the land is not entitled to receive the property tax benefit after the time of boundary certification unless it meets the statutory requirements, but the lien on the land for the deferred taxes is extinguished as if it has been paid in full.

“(3) A person may not seek a refund for activities occurring prior to the date of certification where the basis of the refund is the certification.”

Session Laws 2016-23, s. 3(a), (b), provides: “(a) The North Carolina Geodetic Survey shall record the final survey of the confirmed boundary in the office of the register of deeds in every county in this State where real property has been affected by the certification of the boundary. The applicable uniform fees provided in G.S. 161-10 shall apply to the recordation of the final survey. The register of deeds shall register and index the surveys in accordance with the provisions of Article 2 of Chapter 161 of the General Statutes.

“(b) For parcels of real property affected by the certification of the boundary, situated in whole or in part within the boundaries of this State, the North Carolina Geodetic Survey shall record a Notice of Affected Parcel in the office of the register of deeds in the county or counties where each affected parcel is situated. The register of deeds shall register and index the Notice in accordance with the provisions of Article 2 of Chapter 161 of the General Statutes. Notwithstanding any other provision of law to the contrary, the register of deeds shall not collect any fees or taxes for the Notice recorded pursuant to this subsection. The Notice shall contain at least all of the following information:

“(1) Reference to this act.

“(2) The recording reference for the final survey of the confirmed boundary recorded pursuant to subsection (a) of this section.

“(3) The names of the record owners of the parcel.

“(4) The property address of the parcel.

“(5) A tax parcel identification number or other applicable identifier used by a county tax office, if available.

“(6) A brief description of the parcel, if available.

“(7) A source deed reference for the parcel, if available.”

Session Laws 2016-23, s. 5(a)-(d), provides: “(a) Notwithstanding any other provision of law, a student who (i) was eligible to enroll in a North Carolina local school administrative unit in accordance with G.S. 115C-366 prior to the date of the certification and (ii) loses the eligibility to enroll in a public school, including a charter school, as a result of certification may attend a North Carolina public school located within the local school administrative unit or attend a North Carolina charter school, without the payment of tuition, until that student:

“(1) Reaches the age of 21.

“(2) Obtains a high school diploma.

“(3) No longer meets the requirements of G.S. 115C-366 that were the basis for the student’s eligibility for enrollment prior to the date of certification.

“(4) Loses eligibility pursuant to subsection (b) of this section.

“(b) A student who attends a North Carolina public school or charter school under subsection (a) of this section and the student’s parent, legal guardian, or custodian shall be subject to the laws and rules governing North Carolina public schools and charter schools in accordance with Chapter 115C of the General Statutes, including meeting the requirements of the compulsory attendance law under Part 1 of Article 26 of Chapter 115C of the General Statutes.

“Notwithstanding the enforcement provisions of G.S. 115C-378(f), 115C-380, 115C-381, and 115C-382, a parent, guardian, or custodian of a student enrolled in a North Carolina public school or charter school under this section who is determined by the principal of the student’s public school or the charter school to be in violation of the compulsory attendance laws shall no longer be eligible to enroll the student in a North Carolina public school or charter school pursuant to subsection (a) of this section in a subsequent semester of the school year. In addition, the local school administrative unit or charter school in which the student is enrolled shall notify, based on the student’s place of residence in South Carolina, the juvenile court or such other court in the county that has jurisdiction of juveniles and, if applicable, the attendance supervisor for that county.

“(c) The State Board of Education shall provide that a student enrolled in a North Carolina public school or charter school in accordance with subsection (a) of this section be included in calculations for average daily membership, reporting for the Uniform Education Reporting System, and eligibility for State and federal funds.

“(d) Except as otherwise provided by this section or G.S. 115C-366 , a student who is a legal resident of South Carolina shall not be entitled to enroll in a North Carolina public school.”

Session Laws 2016-23, s. 6(a)-(c), provides: “(a) Notwithstanding State Board of Education policy, GCS-R-004, or any other provision of law, if a student enrolled in a North Carolina public school or charter school under subsection (a) of Section 5 of this act obtains a beginner’s permit in South Carolina, the student shall be eligible to participate in behind-the-wheel instruction as part of a driver education course offered by the local school administrative unit in which the student is enrolled.

“(b) Notwithstanding G.S. 20-11(b)(1), a student who (i) as a result of the boundary certification becomes a legal resident of North Carolina on the date of the certification and (ii) is enrolled in a South Carolina school district in which his or her residence was located prior to certification or in the South Carolina statewide public charter school district may meet the requirement in G.S. 20-11(b)(1) for obtaining a limited learner’s permit if the student passes a course of driver education offered by the South Carolina high school in which the student is enrolled.

“(c) The Department of Transportation, Division of Motor Vehicles, in collaboration with the State Board of Education, shall develop a procedure for any North Carolina resident who is a student enrolled in a South Carolina school pursuant to the conditions described in subsection (b) of this section to satisfy the driver eligibility certificate requirements of G.S. 20-11 to obtain and continue to hold a limited or full provisional license under this section.”

Session Laws 2016-23, s. 7(a)-(d), provides: “(a) Notwithstanding any other provision of law, independent persons and their dependents formerly domiciled in North Carolina counties who are domiciled in South Carolina counties as a result of the North Carolina-South Carolina boundary certification may be considered eligible for in-State tuition rates for a period of up to 10 years from the effective date of the boundary change. To be eligible for in-State tuition rates, such persons must have been domiciled and reside on property in North Carolina in accordance with G.S. 116-143.1 immediately prior to the effective date of North Carolina legislation approving the North Carolina-South Carolina boundary certification and must maintain residence and domicile on that same property within South Carolina.

“(b) Notwithstanding any other provision of law, independent persons and their dependents previously domiciled on property in South Carolina which is located in North Carolina as a result of the North Carolina-South Carolina boundary certification may, for a period of two years from the effective date of the boundary certification, be eligible for in-State rates without the requirement of residency and domicile for 12 months in this State provided such independent persons have evidenced the intent to establish domicile in North Carolina in accordance with G.S. 116-143.1 . To be eligible under this provision, such persons must reside on the same property that was in South Carolina immediately prior to the effective date of North Carolina legislation approving the certified North Carolina-South Carolina boundary. To maintain eligibility for in-State tuition rates longer than the two years permitted under this paragraph, the independent persons and their dependents must satisfy the requirements of G.S. 116-143.1 .

“(c) The provisions established under subsections (a) and (b) of this section are not transferable to persons other than those independent persons and their dependents falling within the scope of those provisions.

“(d) Should the domicile and residence of independent persons and their dependents change from the property affected by the boundary certification, maintenance of eligibility for in-State rates will be determined as provided in G.S. 116-143.1 .”

Session Laws 2016-23, s. 9(a), (b), provides: “(a) Definition. — For purposes of this section, ‘impacted person’ shall mean any person who is the owner of a motor vehicle titled and registered in South Carolina and who has now been determined to be a resident of North Carolina as a result of a boundary certification agreed to by the states of North Carolina and South Carolina.

“(b) The Division of Motor Vehicles of the Department of Transportation shall require title, registration, and the payment of highway use tax from impacted persons in the same manner as it currently uses for persons moving to North Carolina from another state.”

Session Laws 2016-23, s. 10(a), (b), provides: “(a) Definition. — For purposes of this section, ‘impacted location’ shall mean any facility or property that has now been determined to be located in North Carolina as a result of a boundary certification recognized by the states of North Carolina and South Carolina, and, as a result, either of the following applies to the facility or property:

“(1) It is required to obtain a permit, license, or approval from the North Carolina Department of Environmental Quality.

“(2) It is subject to a permit, license, or approval program that is operated by a local government and is delegated from or approved by the North Carolina Department of Environmental Quality.

“(b) Notwithstanding any other provision of law to the contrary, the Department of Environmental Quality, the Environmental Management Commission, or any local program delegated or approved by the Department or the Commission (collectively, the ‘permitting authorities’), in issuing any environmental permit, license, or approval to an impacted location, shall provide a schedule of compliance that allows the recipient of the permit, license, or approval a period of no less than five years to come into compliance with any North Carolina environmental rule or standard established by the permitting authorities that (i) has no corresponding rule or standard under South Carolina law or regulation or (ii) is more stringent than the corresponding rule or standard established under South Carolina law or regulations. The permitting authorities may include increments of progress applicable in each year of the schedule established under this subsection. The owner or operator of an impacted location may waive the schedule of compliance required by this subsection. Nothing in this section is intended to limit the applicability or employment of existing procedures under North Carolina statutes and regulations granting waivers or variances from otherwise applicable environmental rules or standards.”

Session Laws 2016-23, s. 11(b), provides: “(b) The governing body of a county that gains territory as a result of the boundary certification described in this act shall meet as soon as practicable after the date this act becomes law to determine whether the residents of the territory (i) require the services provided by an existing rural fire protection district established under Article 3A of Chapter 69 of the General Statutes or a county service district established under Article 16 of Chapter 153A of the General Statutes or (ii) would benefit from the services provided by an existing county water and sewer district established under Article 6 of Chapter 162A of the General Statutes. If the governing body finds that the residents of the territory require or would benefit from the services of the district, the governing body shall annex the territory to the district as provided in G.S. 69-25.11(1) , 153A-303, and 162A-87.1.”

Session Laws 2016-23, s. 12(a), is a severability clause.