156-22. Supplemental assessments to make up deficiency; vacancy appointments of assessment jurors.
The freeholders, commissioners or jurors, appointed in any application or proceeding filed or instituted under G.S. 156-21 or any other section of Article 1 of this Chapter, are authorized and empowered during the establishment of and providing for the construction, maintenance and payment therefor, of such ditch, canal or drain, to make other and further assessments for the costs of establishment, construction and expense, when it shall be determined by the clerk of the court that the provisions in the former report for the payment thereof are insufficient, and that such supplementary reports shall be made on the same basis of an equitable and just proportion, as made in the former report, which report or reports shall be filed with the clerk of the superior court and have the same force and effect as the former or original report.
In case of death, resignation, removal or for any other cause there becomes a vacancy as to the freeholders, commissioners or jurors, appointed to carry out the provisions of the sections contained in this Chapter, the clerk of the superior court is authorized to fill such vacancy by the appointment of some disinterested freeholder in the county, and the said person so appointed to fill such vacancy shall qualify before the clerk of the superior court before entering upon his duties. (1931, c. 227, s. 2.)
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.