Right of Way Abandonment

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The Charlotte Department of Transportation (CDOT) is responsible for administering the City's ROW Abandonment Program. The majority of the City's ROW has been dedicated to the City, meaning that it was not purchased. When ROW is abandoned at these locations, the land is split evenly to the adjacent property owner(s), should City Council approve the abandonment request.

Overview

Upon request, the City may consider abandonment of public Right of Way (ROW).

North Carolina General Statute (NCGS) 160A-299 gives the Charlotte City Council the authority to abandon street ROW following a public hearing and a determination that the abandonment:

  • Is not contrary to the public interest.

  • Does not deprive any individual(s) that own property nearby of reasonable means of ingress and egress to their property.

  • Is contrary to the adopted policy to preserve existing ROW for connectivity.

Typically, ROW requested for abandonment is:

  • Unimproved, unopened ROW that has no pavement, curb/gutter or sidewalk.

  • ROW that exceeds the minimum width requirements, based on street classification.

  • Residual (leftover) ROW resulting from a street or intersection realignment project.

  • ROW that is not necessary to support the City's street connectivity policy.

 

 

Process & Cost

Process

The City's review process takes approximately 6-8 months. Some of the items that are included in the review process are:

  • Notification and request for comments to all public and private facilities.

  • Notification to adjacent/abutting property owners.

  • Vote by City Council.

For the complete Abandonment Process, see Abandoment Petition Form(PDF, 141KB) for more info.

To start an Abandonment Petition, visit our Cityworks Public Portal

Cost

A nonrefundable $340 administrative fee will be due prior to any official guidance or comments from CDOT. This fee is designed to identify any fatal flaws or issues in a possible abandonment petition via an optional preliminary review, prior to the submittal of the nonrefundable application fee. The filing fee for this process is $4,590 for the first street ROW and $2,000 for each additional street ROW submitted with the same petition. The petitioner is responsible for all other associated costs, including the boundary survey and metes-and-bounds description.

 

 

Right of Way Abandonment Petition Requirements

A cover letter to include contact information (name, address, phone number) for the petitioner.

  • One completed and signed original copy of the Right of Way Abandonment Petition.

  • Scaled drawings of a survey showing the ROW to be abandoned, including a vicinity map. The survey shall be labeled Exhibit A and shall be signed and sealed by a licensed professional land surveyor. All drawings must be 8-1/2" by 11" in size.

  • A Metes and Bounds description of the ROW to be abandoned. The description shall be labeled Exhibit B and shall be signed and sealed by a duly licensed professional land surveyor.

  • Memorandum of Understanding signed by all the abutting property owners, including the address and parcel number.

  • Check payable to the City of Charlotte in the amount of $4,590 for the first ROW plus $2,000 for each additional ROW.