§ 156-93.2. Proceedings for improvement, renovation and extension of canals, structures and equipment. - North Carolina Statutes

Article 7B.

Improvement, Renovation, Enlargement and Extension ofCanals, Structures and Boundaries.

§ 156‑93.2.  Proceedings for improvement,renovation and extension of canals, structures and equipment.

The board of commissioners may construct, renovate, improve, enlargeand extend the drainage systems and water‑retardant structures and anyequipment of the district, by complying with the following provisions:

(1)        The commissioners shall file with the clerk of the superiorcourt in the county in which the district was organized, a petition which setsforth the need for the improvements requested and a general description of theproposed improvements.

(2)        Upon the filing of the petition, the clerk shall thenappoint a board of viewers with the same composition and qualifications as isrequired by G.S. 156‑59. He shall direct the board of viewers to considerthe proposals of the board of commissioners and report to him (i) whether ornot the improvement proposed will benefit the lands sought to be benefited and(ii) whether or not the proposed improvement is practicable.

      The board of viewers shall make their report tothe clerk within 30 days after their appointment unless the time shall beextended by the court upon the showing of a meritorious cause for theextension.

(3)        a.   If the board of viewers shall report (i) that none ofthe improvement proposed will benefit the lands sought to be benefited, or (ii)that it is not practicable, the petition of the board of commissioners shall bedismissed and shall not be submitted again within six months thereafter.

b.         If the board of viewers shall report (i) that part or allthe improvement proposed will benefit the lands sought to be benefited and (ii)the proposed improvement is practicable, then the clerk shall fix a time andplace for a hearing upon said report. The said hearing shall be no less than20, nor more than 30, days after the filing of said report.

(4)        Notice of said hearing shall be given as follows:

a.         Posting and publication:

1.         Posting at the courthouse door of the county in which theproceeding is pending;

2.         Posting at five conspicuous places within the district;

3.         The notice shall be posted at least 20 days prior to saidhearing;

4.         Publication in a newspaper with general circulation withinthe area once a week for three successive weeks.

b.         Contents:

1.         The notice shall state the time and place for the hearing;

2.         Describe in general terms the improvements proposed;

3.         That the court will consider and adjudicate the report ofthe board of viewers.

(5)        At the date appointed for the hearing the clerk shall hearand determine any objections that may be offered to the said report. The clerkmay make such modifications and changes which tend to increase the benefits ofthe proposed work or improvement.

(6)        a.   If the clerk shall adjudicate that (i) none of theimprovements proposed will benefit any of the lands sought to be benefited or(ii) that none of the improvements are practicable, he shall dismiss theproceedings and the petition shall not be submitted again within six monthsthereafter.

b.         If the clerk shall approve the said report, he shall thendirect the board of viewers to prepare a further and detailed report whichshall include the following:

1.         Specific plans and profiles together with estimates of thecost of the work recommended by the said board of viewers and an estimate ofall other costs including those incurred by the board of viewers;

2.         If directed by the clerk, a new property map of the districtwhich shall show thereon the general location of each tract of land which willbe benefited by the proposed work;

3.         A statement showing the classification of benefits to bereceived by the several tracts of lands. This classification shall bedetermined and shown in the same manner as is provided for in G.S. 156‑71.The board of viewers may adopt the original classification. Only those lands tobe benefited by the proposed work shall be classified for assessment.

  The board of viewers shall have, insofar as applicable, the samepowers and duties as relate to the final report as are required and provided inArticle 5 by G.S. 156‑69, 156‑70, 156‑70.1 and 156‑71.

                  The board of viewers shall make their report to theclerk within 60 days after their appointment. The clerk may extend this timeupon the showing of meritorious cause for the extension.

                  The expense of the board of viewers, theirassistants, and all costs incurred by them shall be paid from any surplus fundsof the district, as defined in this Subchapter, or if such are not sufficient,by the same means of financing as are available for such purposes when thedistrict is originally organized. The estimate of the expenditures shall beshown in its report and all amounts of money expended shall be reimbursed whenfunds are available.

(7)        Upon the filing of the said report, the clerk shall fix atime and a place for a hearing thereupon.

(8)        The notice of the hearing upon said report shall be given inthe same manner as required for the notice of the proposed work as required bythe preceding subdivision (4) which relates to the preliminary hearing.

                  Also, a notice of said hearing shall be mailed atleast 10 days prior to the hearing, to those landowners as their names appearupon the statement of classification of benefits filed with the report of theboard of viewers and whose names and addresses are shown on the tax scrolls ofthe county wherein their land is situated. The attorneys for, or commissionersof, the district shall use due diligence to determine the said names andaddresses from the tax scrolls.

                  The filing with the clerk of the superior court of acertificate by the attorney for, or the commissioners of, the district, thatdue diligence has been used to obtain the names and addresses from the taxscrolls and that notice has been mailed to those persons at the address shown,shall be sufficient showing that this provision has been complied with. Thecertificate shall state the names, addresses and dates to whom such notice wasmailed.

(9)        At the date set for the hearing any landowner may appear inperson, or by counsel, and file his objections in writing to the report of theboard of viewers. It shall be the duty of the clerk to carefully review thereport of the board of viewers and the objections filed thereto and make such changesas are necessary to render substantial and equal justice to all landowners inthe district.

                  If the clerk shall adjudicate that the benefits whichwill accrue to the lands affected are greater than the cost of theimprovements, the report of the board of viewers shall be confirmed. The clerkshall then direct the commissioners of the district to proceed with theimprovements as approved.

                  If, however, the clerk finds that the cost of theimprovements is greater than the resulting benefits that will accrue to thelands affected, the clerk shall dismiss the proceedings.

(10)      Any landowner, party petitioner, or the drainage districtmay, within 10 days after the entry of the order or judgment by the clerk uponthe report of the board of viewers, appeal to the superior court in sessiontime or in chambers. The procedures for taking appeal under Article 27A ofChapter 1 of the General Statutes apply, except as provided otherwise by thisSubchapter. All of the terms and provisions of G.S. 156‑75 apply to theappeal. (1961, c. 614, s.1; 1969, c. 192, s. 2; 1999‑216, s. 21.)