§ 136-22. View by commissioners; report; judgment. - North Carolina Statutes

§136‑22.  View by commissioners; report; judgment.

The commissioners, or amajority of them, one of whom must be the engineer aforesaid, shall, on a dayof which each party is to be notified at least five days in advance, meet onthe premises, and view the highway, or proposed highway, and also the landswhich may be drained by the proposed canal, and shall determine and report whatlands will be drained and benefited by the construction, enlargement orimprovement of such canal, and whether said drainage ought to be doneexclusively by said highway authorities, and if they are of opinion that thesame ought not to be drained exclusively at their expense, then they shalldecide and determine the route of the canal,  the dimensions and characterthereof, and the manner in which the same shall be cut or thrown up,considering all the circumstances of the case, the extent, area and identity oflands which shall be permitted to drain therein, and providing as far aspossible for the effectual drainage of said highway, and the protection andbenefit of the lands of all the parties; and they shall apportion the cost ofthe construction, repair and maintenance of said canal among said highway authorities and said landowners, and report the same to the court, which whenconfirmed by the clerk shall stand as a judgment of the court against each ofthe parties, his or its executors, administrators, heirs, assigns orsuccessors. (1925, c. 85, s. 4.)