Best Practice Manual for Digital Cadastral Base …

Best Practice Manual for Digital Cadastral Base Mapping In North Carolina

Land Records Management Division

North Carolina Department of The Secretary of State

Edited by Thomas W. Morgan PLS Send updates to LandRecords@

Best Practice Manual for digital Cadastral Base Mapping in North Carolina: North Carolina Secretary of State, Land Records Management

Introduction

Dear Visitor to this Manual,

This Best Practices Manual for Digital Cadastral Base Mapping in North Carolina is the brainchild of retired North Carolina Secretary of State Manager of Land Records Thomas W. Morgan. It is an effort to preserve institutional knowledge as employees of various municipal, county and state government agencies retire or leave their official positions for various reasons.

The goal here is to find a way to preserve the good and useful information that is often presented in newsletters, magazine articles, and workshops but then forgotten over time. As we all know, training efforts can have a short-term effect, and in the real world people do forget the information presented or lose the handouts and periodicals given to them.

This online Manual is an attempt to change that dynamic. It is also very much meant as a beginning effort and not a final, "set-in-stone" product. It includes much of what Tom Morgan learned and observed while serving as Land Records Manager for eight years. The hope now is that local mappers and future land records officials will enhance the material included here by adding their own experiences and observations to it.

By putting the information into a Manual that is easily accessible online, searchable, and consistently updated, we hope to make this into a living document that can carry the message beyond those that created it and the material it contains. Please send any comments, corrections or additions to Landrecords@ , attention "Best Practice Manual".

I hope that you find it useful, and that you consider adding to the Best Practices Manual for Digital Cadastral Base Mapping in North Carolina when you see something in the material that could be improved with your information and expertise.

Thank you for coming here and consulting with the Manual. Let us all keep working to make sure that North Carolina continues to be a national leader in land records practices!

Sincerely,

Elaine F. Marshall

North Carolina Secretary of State July 11, 2016

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Best Practice Manual for digital Cadastral Base Mapping in North Carolina: North Carolina Secretary of State, Land Records Management

Acknowledgments: This document is intended as a companion document to the Guidebook for North Carolina Property Mappers by William A Campbell, Published by the Institute of Government, University of North Carolina at Chapel Hill. I wish to express my sincere appreciation for the help I have received in the preparation of the North Carolina Cadastral Standard from:

Nancy von Myer ?Fairview Industries Stan Duncan ? Henderson County Pam Carver ? Henderson County Richard Norejko ? Buncombe County Robert Rike ? ESRI Inc. John McLean ? Bridge Trust Title Group James Jeffreys - NC Society of Surveyors Larry Kirkpatrick ? Atlas Geographic Anthony Garris ? Beaufort County Land Records Nancy Short Ferguson ? Chicago Title Anne Payne ? Geographic Information Coordinating Council Jeff Brown - Center for Geographic Information Erin Lesh ? North Carolina Department of Transportation Robin Etheridge ? Dare County Land Records John Bridgers- Land Records Management Division, North Carolina Secretary of State

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Best Practice Manual for digital Cadastral Base Mapping in North Carolina: North Carolina Secretary of State, Land Records Management

1 PREFACE

The "Land Records Management Program" (LRMP) was established in 1977 by the North Carolina Legislature in order to provide technical and financial assistance to local governments for the modernization of their land records systems. The Technical Specifications for Base, Cadastral, and Digital Mapping (Orthophotos) is prepared as an essential element of the LRMP and is applicable to all county or municipal mapping projects. To the maximum extent practicable, these specifications should be utilized by state agencies involved in mapping operations, not only in the preparation of initial Cadastral mapping but in the day to day maintenance of existing mapping. Section 6, "Digital Orthophotos", was adopted on August 18, 2004, by the North Carolina Geographic Information Coordinating Council (GICC). The Orthophoto Standards were removed from this document and adopted as a standalone standard on October 1, 2009.

Invaluable guidance and assistance have been provided by the Standards Committee of the North Carolina Property Mappers Association and by representatives of local governments. Assistance was also provided by the North Carolina Geodetic Survey (NCGS), the Center for Geographic Information and Analysis (CGIA), the North Carolina Department of Transportation, and the North Carolina Department of Revenue.

While recognizing that the cadastral fabric of an area is of immense value, the cadastral map is developed as a tool primarily to aid in the listing, appraisal, assessment and collection of taxes on real property. As such the rules and procedures for creating the cadastral base map are governed by the same rules the county assessor utilizes for taxing real property in conjunction with the "Technical Specifications for Digital Cadastral Base Mapping" by the Land Records Management Program of the North Carolina Secretary of State. Each county is to assess ad valorem taxes equitably- for all taxable properties within the county. Thereby no one taxpayer is paying more than their appropriate share. The establishment of a properly funded mapping program is necessary to make equitable decisions for taxation. The mapping program must contain not only hardware and software, but well trained personnel.

Each county tax department is charged with the appraisal of property assessment and collection of taxes. The cadastral map is a critical element in performing these tasks. Any use of cadastral mapping beyond that function is at the risk of the user; however it is to everyone's benefit that the County cadastral maps reflect the public record as accurate as reasonably possible.

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Best Practice Manual for digital Cadastral Base Mapping in North Carolina: North Carolina Secretary of State, Land Records Management

2 Table Contents

1 PREFACE .......................................................................... 4 2 Table Contents ................................................................... 5

2.1 County Cadastral Map is a public record: ................................................................ 16 2.2 County Tax Department is not a County Office of Registration ............................. 16 2.3 Notice to the Public: ..................................................................................................... 16 2.4 County Liability from those using tax map information for other purposes. ........ 17

3 Taxation - Legal Background: (North Carolina Constitution) ............................................................................ 19

3.1 ARTICLE V, FINANCE.............................................................................................. 19

4 A County's Authority to Tax:......................................... 20

4.1 NC Constitution: ARTICLE VII, LOCAL GOVERNMENT ................................ 20 4.2 ? 153A-11. Corporate powers..................................................................................... 20 4.3 ? 153A-121. General ordinance-making power ......................................................... 20

5 GENERAL: Taxation Requirements............................. 20

5.1 ? 153A-17. Existing boundaries (county). .................................................................. 21 5.2 ? 105-296. Powers and duties of assessor. .................................................................. 21 5.3 ? 153A-149. Property taxes; authorized purposes; rate limitation......................... 21 5.4 ? 105-301. Place for listing real property. ................................................................. 21 5.5 ? 105-302. In whose name real property is to be listed. ............................................ 21 5.6 ? 105-302.1. Reports on properties listed in name of unknown owner. ................. 21 5.7 ? 153A-149..................................................................................................................... 22 5.8 Conclusions: .................................................................................................................. 22 5.9 Practicality:................................................................................................................... 22 5.10 Appeals .......................................................................................................................... 22

6 Public Records ................................................................. 22

6.1 ? 132-1. "Public records" defined............................................................................... 22 6.2 ? 132-3. Destruction of records regulated. ................................................................. 23 6.3 ? 132-6.1. Electronic data-processing records. .......................................................... 23

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