156-29. Report filed; appeal and jury trial.
A report signed by two of the persons appointed as viewers shall be entered by the clerk as the report of the viewers. Any landowner affected by the report, and the person, firm, or corporation digging or cutting the drainway, has the right of appeal and the right to have any issue arising upon the report tried by a jury, provided exceptions shall be filed to the report within 20 days after the filing of the report with the clerk, in which exceptions so filed may be a demand for a jury trial. If a jury trial is demanded, the clerk shall transfer the proceedings to the civil-issue docket, and it shall be heard as other civil actions. If no jury trial is demanded, the clerk shall hear the parties upon the exceptions filed, and appeal may be had as in special proceedings except as modified by this section, but no jury trial may be had unless demanded as provided in this section. (1917, c. 273, s. 4; C.S., s. 5287; 1999-216, s. 17.)
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.