§ 156-88. Drainage across public or private ways. - North Carolina Statutes

§ 156‑88.  Drainageacross public or private ways.

Where any public ditch, drain or watercourse established under theprovisions of this Subchapter crosses or, in the opinion of the board ofviewers, should cross a public highway under the supervision of the Departmentof Transportation the actual cost of constructing the same across the highwayshall be paid for from the funds of the drainage district, and it shall be theduty of the Department of Transportation, upon notice from the court, to showcause why it should not be required to repair or remove any old bridge and/orbuild any new bridge to provide the minimum drainage space determined by thecourt; whereupon the court shall hear all evidence pertaining thereto and shalldetermine whether the Department of Transportation shall be required to do suchwork, and whether at its own expense or whether the cost thereof should beprorated between the Department of Transportation and the drainage district.Either party shall have the right of appeal from the clerk to the superiorcourt and thence to the appellate division, and should the court be of theopinion that the cost should be prorated then the percentage apportioned toeach shall be determined by a jury.

Whenever the Department of Transportation is required to repair orremove any old bridge and/or build any new bridge as hereinbefore provided, thesame may be done in such manner and according to such specifications as itdeems best, and no assessment shall be charged the Department of Transportationfor any benefits to the highway affected by the drain under the same, and suchbridge shall thereafter be maintained by and at the expense of the Departmentof Transportation.

Where any public ditch, drain, or watercourse established under theprovisions of this Subchapter crosses a public highway or road, not under thesupervision of the Department of Transportation, the actual cost ofconstructing the same across the highway or removing old bridges or buildingnew ones shall be paid for from the funds of the drainage district. Wheneverany highway within the levee or drainage district shall be beneficiallyaffected by the construction of any improvement or improvements in suchdistrict it shall be the duty of the viewers appointed to classify the land, togive in their report the amount of benefit to such highway, and notice shall begiven by the clerk of the superior court to the commissioners of the countywhere the road is located, of the amount of such assessment, and the countycommissioners shall have the right to appear before the court and fileobjections, the same as any landowner. When it shall become necessary for thedrainage commissioners to repair any bridge or construct a new bridge across apublic highway or road not under the supervision of the Department ofTransportation, by reason of enlarging any watercourse, or of excavating anycanal intersecting such highway, such bridge shall thereafter be maintained byand at the expense of the official board or authority which by law is requiredto maintain such highway so intersected.

Where any public canal established under the provisions of the generaldrainage law shall intersect any private road or cartway the actual cost ofconstructing a bridge across such canal at such intersection shall be paid forfrom the funds of the drainage district and constructed under the supervisionof the board of drainage commissioners, but the bridge shall thereafter bemaintained by and at the expense of the owners of the land exercising the useand control of the private roads; provided, if the private road shall beconverted into a public highway the maintenance of the bridge shall devolveupon the Department of Transportation or such other authority as by law shallbe required to maintain public highways and bridges. (1909, c. 442, s. 25; 1911, c. 67, s. 6; 1917, c. 152,s. 6; C.S., s. 5345; 1947, c. 1022; 1953, c. 675, s. 26; 1957, c. 65, s. 11;1969, c. 44, s. 78; 1973, c. 507, s. 5; 1977, c. 464, s. 34.)