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SB 46

Allowing municipalities to complete work previously requested to DOH

2025 Regular Session Introduced by Jay Taylor

Fix the Lincoln–Catawba boundary as the legal taxing line and require a formal survey/recording to set andrecord the boundary in official records.

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Bill Summary · SB 46

SB 46 — Lincoln/Catawba Common Boundary Line (Local)

Status: Passed 1st Reading
Introduced: (bill file shows Feb 5, 2025; system entry indicates Aug 19, 2025)
Subject: County boundaries; Lincoln County; Catawba County; geographic boundaries; taxation

Main purpose

To fix and confirm the legal county boundary between Lincoln County and Catawba County as the line the two counties currently use for taxation and that is shown in their geographic information systems (GIS) maps — and to require the North Carolina Geodetic Survey (NCGS) to formally locate, survey, mark, map, and record that boundary so it is fixed in the official record.

Key provisions

  • Establishes the legal boundary: Section 1 declares that the common boundary between Lincoln and Catawba Counties is the line currently recognized and used by the counties for taxation and reflected in their GIS maps.
  • Invalidates conflicting 2024 survey: Section 2 states any county-boundary survey delivered by NCGS in 2024 that conflicts with Section 1 is not binding on either county and shall not be used by either county as the common boundary.
  • Formal survey and recording: Section 3 directs NCGS (or its contractors), within 42 months after the act takes effect, to locate, survey, mark, and map the boundary described in Section 1 using the statutory survey procedures (G.S. 153A‑18). Lincoln County must pay the full cost. When complete, NCGS must record the survey plat in the register of deeds offices of each county and file it with the Secretary of State.
  • Filing and recordation rules: Section 4 requires, from the effective date, that papers/documents related to residents or property be filed in the county in which property is located according to the boundary in Section 1 — even if those documents had been previously recorded in the other county. Section 5 preserves the validity of pre-existing public records filed before the act: those records remain in the county where they were recorded and remain valid.
  • Liability/clarification: Section 6 states the General Assembly is responsible for establishing county boundaries; it grants Lincoln and Catawba Counties and their officials immunity from liability or suits relating to actions taken under the act or to adopting the fixed boundary.
  • Effective date: The act becomes effective when it becomes law.

Who is affected

  • Property owners, residents, and businesses located along or near the Lincoln–Catawba county line (may affect where deeds, tax filings, permits, and other documents must be filed).
  • Lincoln County (financially responsible for survey costs) and Catawba County (administrative impacts).
  • Registers of deeds, county tax offices, GIS teams, land surveyors, NCGS, and the Secretary of State’s records office.
  • Courts and title companies (clarity about jurisdiction and record validity).

Practical impact and considerations

  • Clarifies jurisdiction for taxation, recordation, permitting, and local services by codifying the counties’ working GIS boundary as the legal line.
  • May shift where future filings must be made for some properties (per Section 4); however, pre-existing recorded documents remain valid in their original county (Section 5).
  • Puts the survey on an explicit statutory timeline (≤42 months) and places the cost burden on Lincoln County; actual dollar cost is unspecified.
  • Provides broad legal protection to the counties and officials from lawsuits arising from adoption/implementation of the boundary.

Procedural/timeline notes

  • NCGS must complete the mandated survey, mapping, marking, and recordation not later than 42 months after the act’s effective date.
  • The act takes effect upon enactment (becomes law when signed).
  • This is local legislation affecting the two counties; it must be implemented through NCGS survey work and subsequent recording actions.

Compiled from official sources — confirm details with the bill’s official record.

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