§ 156-27. Recovery for benefits; payment of damages. - North Carolina Statutes

§ 156‑27.  Recoveryfor benefits; payment of damages.

After the drainway herein provided for shall be completed the person,firm, or corporation cutting or digging the same shall be entitled to recoverof the landowners owning that part of the land with reference to which nocontract for compensating those cutting or digging the drainway may have beenmade, an amount equal to the benefits to accrue to such lands by reason of thedrainway, and shall be required by the clerk of the superior court to pay to anylandowner the amount of damages in excess of benefits which may be done to theland to be determined in the manner hereinafter provided: Provided, that therecovery from any owner of the land shall be limited to the benefits to accrueto that land owned by such person, and situated in such swamp or lowlands oradjacent thereto; and provided further, that the amount to be so recovered asherein provided for until fully paid shall be and constitute a lien upon suchland, the lien to be in force regardless of who may own the land at the timethe amount to be recovered as compensation for digging or cutting the drainwayshall be determined. (1917, c. 273, s. 2; C.S., s. 5285.)