156-63. First hearing of preliminary report.
The clerk of the superior court shall consider this report. If the viewers report that the drainage is not practicable or that it will not benefit the public health or any public highway or be conducive to the general welfare of the community, and the court shall approve such findings, the petition shall be dismissed at the cost of the petitioners, and such petition shall likewise be dismissed at the cost of the petitioners if it is sought to set up a reclamation district and the viewers report that the cost of reclaiming the land would be so great as not to justify the expense of draining it. Such petition or proceeding may again be instituted by the same or additional landowners at any time after six months, upon proper allegations that conditions have changed or that material facts were omitted or overlooked. If the viewers report that the drainage is practicable and that it will benefit the public health or any public highway or be conducive to the general welfare of the community, and the court shall so find, then the court shall fix a day when the report will be further heard and considered. (1909, c. 442, s. 4; C.S., s. 5321; 1927, c. 98, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 5 - Establishment of Districts.
§ 156-54 - Jurisdiction to establish districts.
§ 156-55 - Venue; special proceedings.
§ 156-57 - Bond filed and summons issued.
§ 156-58 - Publication in case of unknown owners.
§ 156-59 - Board of viewers appointed by clerk.
§ 156-60 - Attorney for petitioners.
§ 156-62 - Examination of lands and preliminary report.
§ 156-63 - First hearing of preliminary report.
§ 156-64 - Notice of further hearing.
§ 156-65 - Further hearing, and district established.
§ 156-67 - Condemnation of land.
§ 156-68 - Complete survey ordered.
§ 156-70 - Assessment of damages.
§ 156-71 - Classification of lands and benefits.
§ 156-72 - Extension of time for report.
§ 156-73 - Final report filed; notice of hearing.
§ 156-74 - Adjudication upon final report.
§ 156-75 - Appeal from final hearing.
§ 156-76 - Compensation of board of viewers.