Two days ago the General Assembly modified NCGS 153A-343 (counties) and 160A-384 (municipalities) to require that third party rezonings (rezoning applications made by someone other than the property owner) cannot proceed until the owner has received notice by certified mail.

 Commentary: This bill was filed by Senator Tony Rand, a friend and one of my favorite members of the General Assembly.  However, Senator Rand’s initial bill draft was a disaster because it applied to first party rezonings and required service by certified mail on everyone whose property adjoined the tract in question.

 I saw Tony at an event in Chapel Hill and asked him what was going on.  He explained that a friend and client was in the hospital when neighbors initiated a third party rezoning to downzone his land.  His client/friend did not receive notice until a day or so before the hearing. Tony thought, rightfully so, that this was something between unfair and outrageous.  His cure, however, was to require notification to all adjoining owners equal to the same type of service of process required for initiating a lawsuit for everyday, garden variety rezonings.  In a year when the economy is strong, there are thousands of these rezonings across the state.  This type of notification would be the cannon-to-kill-a-fly cure and would create chaos, slow development to a halt, and serve as fodder for numerous lawsuits.

 At some point, somebody finally explained to Senator Rand or his staff the

difference between first and third party rezonings, and the resulting legislation is palatable.