§ 156-70.1. When title deemed acquired for purpose of easements or rights-of-way; notice to landowner; claim for compensation; appeal. - North Carolina Statutes

§ 156‑70.1.  Whentitle deemed acquired for purpose of easements or rights‑of‑way;notice to landowner; claim for compensation; appeal.

The district shall be deemed to have acquired title for the purpose ofeasements or rights‑of‑way to those areas of land identified in thefinal report of the board of viewers and as shown on the map accompanying saidreport, at the time said final report is confirmed by the clerk of the superiorcourt.

The board of viewers shall cause notice as to the area or areas of landinvolved, to be given to each landowner so affected, which notice shall be inwriting and mailed to the last known address of the landowner at least sevendays prior to the hearing on the final report as provided by G.S. 156‑73.

If the landowner desires compensation for the land areas so acquired bythe district, claim for the value of the same shall be submitted to the boardof viewers on or before the time of the adjudication upon the final report asprovided for by G.S. 156‑74.

If the board of viewers shall approve the claim, the amount so approvedshall be added to the total cost of the district as estimated in said finalreport and this shall be done by amendment to the final report submitted to theclerk of the superior court on or before the adjudication provided for in G.S.156‑74.

If the board of viewers shall not approve said claim, the clerk of thesuperior court shall consider the claim and determine what in his opinion is afair value and the amount so determined shall be shown in the said final reportas amended and confirmed by said adjudication. The landowner or the drainagedistrict may appeal from the decision of the clerk of the superior court, tothe superior court, upon the question of the value of the land taken and suchvalue shall be determined by a jury. The procedure for the appeal shall be inaccordance with the provision of G.S. 156‑75. (1959, c. 597, s. 2; c.  1085; 1965, c. 1143, s. 2.)