156-27. Recovery for benefits; payment of damages.
After the drainway herein provided for shall be completed the person, firm, or corporation cutting or digging the same shall be entitled to recover of the landowners owning that part of the land with reference to which no contract for compensating those cutting or digging the drainway may have been made, an amount equal to the benefits to accrue to such lands by reason of the drainway, and shall be required by the clerk of the superior court to pay to any landowner the amount of damages in excess of benefits which may be done to the land to be determined in the manner hereinafter provided: Provided, that the recovery from any owner of the land shall be limited to the benefits to accrue to that land owned by such person, and situated in such swamp or lowlands or adjacent thereto; and provided further, that the amount to be so recovered as herein provided for until fully paid shall be and constitute a lien upon such land, the lien to be in force regardless of who may own the land at the time the amount to be recovered as compensation for digging or cutting the drainway shall be determined. (1917, c. 273, s. 2; C.S., s. 5285.)
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.