156-15. Amount of contribution for repair ascertained.
Whenever there shall be a dam, canal, or ditch, in the repairing and keeping up of which two or more persons shall be interested and receive actual benefit therefrom, and the duties and proportion of labor which each one ought to do and perform therefor shall not be fixed by agreement or by the mode already in this Subchapter provided for assessing and apportioning such labor, any of the parties may have the same assessed and apportioned by applying to a magistrate, who shall give all parties at least three days' notice, and shall summon two disinterested freeholders who, together with the magistrate, shall meet on the premises and assess the damages sustained by the applicant, whereupon the magistrate shall enter judgment in favor of the applicant for damages or for work done on such ditch or lands. (R.C., c. 40, s. 14; Code, s. 1310; 1889, c. 101; Rev., s. 3995; C.S., s. 5274; 1973, c. 108, s. 95.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 1 - Jurisdiction in Clerk of Superior Court.
§ 156-1 - Supplemental proceeding.
§ 156-2 - Petition filed; commissioners appointed.
§ 156-3 - Duty of commissioners.
§ 156-4 - Report and confirmation; easement acquired; exceptions.
§ 156-5 - Width of right-of-way for repairs.
§ 156-6 - Right of owner to fence; entry for repairs.
§ 156-7 - Earth for construction of dam; removal of dam.
§ 156-8 - Earth from canal removed or leveled.
§ 156-9 - No drain opened within 30 feet.
§ 156-10 - Right to drain into canal.
§ 156-11 - Expense of repairs apportioned.
§ 156-12 - Notice of making repairs.
§ 156-13 - Judgment against owner in default; lien.
§ 156-14 - Subsequent owners bound.
§ 156-15 - Amount of contribution for repair ascertained.
§ 156-16 - Petition by servient owner against dominant owner.
§ 156-17 - Commissioners to examine lands and make report.
§ 156-18 - Cost of repairs enforced by judgment.
§ 156-19 - Obstructing canal or ditch dug under agreement.
§ 156-20 - Right of dominant owner to repair.
§ 156-23 - Easement of drainage surrendered.
§ 156-24 - Obstructing drain cut by consent.
§ 156-25 - Protection of canals, ditches, and natural drains.
§ 156-26 - Procedure upon agreement.
§ 156-27 - Recovery for benefits; payment of damages.
§ 156-28 - Notice to landowners; assessments made by viewers.
§ 156-29 - Report filed; appeal and jury trial.