§ 156-74. Adjudication upon final report. - North Carolina Statutes

§ 156‑74.  Adjudication upon final report.

At the date set for hearing any landowner may appear in person or bycounsel and file his objection in writing to the report of the viewers; and itshall be the duty of the court to carefully review the report of the viewersand the objections filed thereto, and make such changes as are necessary torender substantial and equal justice to all the landowners in the district. If,in the opinion of the court, the cost of construction, together with the amountof damages assessed, is not greater than the benefits that will accrue to theland affected, the court shall confirm the report of the viewers. If, however,the court finds that the cost of construction, together with the damagesassessed, is greater than the resulting benefit that will accrue to the landsaffected, the court shall dismiss the proceedings at the cost of thepetitioners, and the sureties upon the bond so filed by them shall be liablefor such costs. Provided, that the Department of Environment and NaturalResources may remit and release to the petitioners the costs expended by theboard on account of the engineer and his assistants. The court may from time totime collect from the petitioners such amounts as may be necessary to pay costsaccruing, other than costs of the engineer and his assistants, such amounts tobe repaid from the special tax hereby authorized.

The court shall, at the time of consideration of said report, determinewhether:

(1)        The petitioners constitute a majority of the resident landowners,whose lands are adjudged to be benefited by the proposed construction work asshown in the final report of the board of viewers and finally approved by thecourt; or

(2)        The petitioners own three fifths of the land area which isadjudged to be benefited by the proposed construction work as shown in thefinal report of the board of viewers and finally approved by the court.

If the petitioners do not constitute either a majority of the residentlandowners or own three fifths of the land as set out in subdivisions (1) or(2) above, then the proceedings shall be dismissed. (1909, c. 442, s. 16; 1915, c. 238, s. 2; 1917, c.152, s. 16; C.S., s. 5332; 1925, c. 122, s. 4; 1959, c. 1312, s. 1; 1961, c.1198; 1973, c. 1262, s. 23; 1977, c. 771, s. 4; 1989, c. 727, s. 218(158); 1997‑443,s. 11A.123.)