§ 156-63. First hearing of preliminary report. - North Carolina Statutes

§ 156‑63.  Firsthearing of preliminary report.

The clerk of the superior court shall consider this report. If theviewers report that the drainage is not practicable or that it will not benefitthe public health or any public highway or be conducive to the general welfareof the community, and the court shall approve such findings, the petition shallbe dismissed at the cost of the petitioners, and such petition shall likewisebe dismissed at the  cost of the petitioners if it is sought to set up a reclamationdistrict and the viewers report that the cost of reclaiming the land would beso great as not to justify the expense of draining it. Such petition orproceeding may again be instituted by the same or additional landowners at anytime after six months, upon proper allegations that conditions have changed orthat material facts were omitted or overlooked. If the viewers report that thedrainage is practicable and that it will benefit the public health or anypublic highway or be conducive to the general welfare of the community, and thecourt shall so find, then the court shall fix a day when the report will befurther heard and considered. (1909, c. 442, s. 4; C.S., s. 5321; 1927, c. 98, s. 3.)