State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_160B > GS_160B-21

§ 160B‑21.  Noticeof enactment of consolidation; limitation of actions.

(a)        Publication of Notice of Enactment. – Following ratificationof an act of the General Assembly authorizing consolidation, there shall bepublished once in a newspaper of general circulation in the county a notice ofsaid enactment and, if applicable, the fact that in connection with saidenactment there is an assumption by the consolidated city‑county of thedebt secured by a pledge of faith and credit of the consolidating city and, ifapplicable, assumption of the right to issue authorized but unissued debtsecured by a pledge of faith and credit of the consolidating city and thatthere is also binding on the consolidated city‑county the debt secured bya pledge of faith and credit of the county and, if applicable, there is vestedin the consolidated city‑county the right to issue authorized butunissued debt secured by a pledge of faith and credit of the county with thefollowing statement appended:

"Any action or proceeding challenging theregularity or validity of this enactment must be begun within 30 days after thedate of publication of this notice."

The notice shall be published by the governing bodies of the unitsproposed to be consolidated or, if applicable, the interim governing board ofthe consolidated city‑county by their respective clerks or by such otherpersons as shall be designated by each applicable governing body or board.

(b)        Limitation on Action Contesting Validity of Enactment ofConsolidation. – Any action or proceeding in any court to set aside enactmentof a city‑county consolidation by the General Assembly, or to obtain anyother relief, upon the grounds that the enactment is invalid or was irregularlyenacted, must be begun within 30 days after the publication of the notice ofthe enactment. After the expiration of this period of limitation, no right ofaction or defense based upon the invalidity of the enactment or anyirregularity in the enactment shall be asserted, nor shall the validity of theenactment be open to question in any court upon any grounds whatever, except inan action or proceeding begun within the period of limitation prescribed inthis section. (1995, c. 461, s.4; 1995 (Reg. Sess., 1996), c. 742, s. 41.)