Any railroad which has removed its tracks from a right-of-way and has not replaced them in whole or in part within a period of seven (7) years after such removal and which has not made any railroad use of any part of such right-of-way after such removal of tracks for a period of seven (7) years after such removal, shall be presumed to have abandoned the railroad right-of-way.
N.C. Gen. Stat. § 1-44.1
Presumption of abandonment of railroad right-of-way
Applied in 1 court decision — leading case 196 N.C. App. 1 - City of Charlotte v. BMJ OF CHARLOTTE, LLC (2009)
Most recently applied in 196 N.C. App. 1 - City of Charlotte v. BMJ OF CHARLOTTE, LLC (April 2009)
1955, c. 657.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.