§ 136‑69. Cartways,tramways, etc., laid out; procedure.
(a) If any person,firm, association, or corporation shall be engaged in the cultivation of anyland or the cutting and removing of any standing timber, or the working of anyquarries, mines, or minerals, or the operating of any industrial ormanufacturing plants, or public or private cemetery, or taking actionpreparatory to the operation of any such enterprises, to which there is leadingno public road or other adequate means of transportation, other than anavigable waterway, affording necessary and proper means of ingress thereto andegress therefrom, such person, firm, association, or corporation may institutea special proceeding as set out in the preceding section (G.S. 136‑68),and if it shall be made to appear to the court necessary, reasonable and justthat such person shall have a private way to a public road or watercourse orrailroad over the lands of other persons, the court shall appoint a jury ofview of three disinterested freeholders to view the premises and lay off acartway, tramway, or railway of not less than 18 feet in width, or cableways,chutes, and flumes, and assess the damages the owner or owners of the landcrossed may sustain thereby, and make report of their findings in writing tothe clerk of the superior court. Exceptions to said report may be filed by anyinterested party and such exceptions shall be heard and determined by the clerkof the superior court. The clerk of the superior court may affirm or modifysaid report, or set the same aside and order a new jury of view. All damagesassessed by a judgment of the clerk, together with the cost of the proceeding,shall be paid into the clerk's office before the petitioners shall acquire anyrights under said proceeding.
(b) (See editor'snote) Compensation to the landowner for the establishment of a cartway overthe property of another shall be as provided in Chapter 40A Article 4 of theNorth Carolina General Statutes.
(c) Where a tract ofland lies partly in one county and partly in an adjoining county, or where atract of land lies wholly within one county and the public road nearest or fromwhich the most practical roadway to said land would run, lies in an adjoiningcounty and the practical way for a cartway to said land would lead over landsin an adjoining county, then and in that event the proceeding for the layingout and establishing of a cartway may be commenced in either the county inwhich the land is located or the adjoining county through which said cartway wouldextend to the public road, and upon the filing of such petition in eithercounty the clerk of the court shall have jurisdiction to proceed for theappointment of a jury from the county in which the petition is filed andproceed for the laying out and establishing of a cartway as if the tract ofland to be reached by the cartway and the entire length of the cartway are alllocated within the bounds of said county in which the petition may be filed. (1798,c. 508, s. 1, P.R.; 1822, c. 1139, s. 1, P.R.; R.C., c. 101, s. 37; 1879, c.258; Code, s. 2056; 1887, c. 46; 1903, c. 102; Rev., s. 2686; 1909, c. 364, s.1; 1917, c. 187, s. 1; c. 282, s. 1; C.S., s. 3836; 1921, c. 135; Ex. Sess.,1921, c. 73; 1929, c. 197, s. 1; 1931, c. 448; 1951, c. 1125, s. 1; 1961, c.71; 1965, c. 414, s. 1; 1981, c. 826, s. 1; 1995, c. 513, ss. 2, 3a)
§ 136‑69. Cartways,tramways, etc., laid out; procedure.
(a) If any person,firm, association, or corporation shall be engaged in the cultivation of anyland or the cutting and removing of any standing timber, or the working of anyquarries, mines, or minerals, or the operating of any industrial ormanufacturing plants, or public or private cemetery, or taking actionpreparatory to the operation of any such enterprises, to which there is leadingno public road or other adequate means of transportation, other than anavigable waterway, affording necessary and proper means of ingress thereto andegress therefrom, such person, firm, association, or corporation may institutea special proceeding as set out in the preceding section (G.S. 136‑68),and if it shall be made to appear to the court necessary, reasonable and justthat such person shall have a private way to a public road or watercourse orrailroad over the lands of other persons, the court shall appoint a jury ofview of three disinterested freeholders to view the premises and lay off acartway, tramway, or railway of not less than 18 feet in width, or cableways,chutes, and flumes, and assess the damages the owner or owners of the landcrossed may sustain thereby, and make report of their findings in writing tothe clerk of the superior court. Exceptions to said report may be filed by anyinterested party and such exceptions shall be heard and determined by the clerkof the superior court. The clerk of the superior court may affirm or modifysaid report, or set the same aside and order a new jury of view. All damagesassessed by a judgment of the clerk, together with the cost of the proceeding,shall be paid into the clerk's office before the petitioners shall acquire anyrights under said proceeding.
(b) (See editor'snote) Compensation to the landowner for the establishment of a cartway overthe property of another shall be as provided in Chapter 40A Article 4 of theNorth Carolina General Statutes.
(c) Where a tract ofland lies partly in one county and partly in an adjoining county, or where atract of land lies wholly within one county and the public road nearest or fromwhich the most practical roadway to said land would run, lies in an adjoiningcounty and the practical way for a cartway to said land would lead over landsin an adjoining county, then and in that event the proceeding for the layingout and establishing of a cartway may be commenced in either the county inwhich the land is located or the adjoining county through which said cartway wouldextend to the public road, and upon the filing of such petition in eithercounty the clerk of the court shall have jurisdiction to proceed for theappointment of a jury from the county in which the petition is filed andproceed for the laying out and establishing of a cartway as if the tract ofland to be reached by the cartway and the entire length of the cartway are alllocated within the bounds of said county in which the petition may be filed. (1798,c. 508, s. 1, P.R.; 1822, c. 1139, s. 1, P.R.; R.C., c. 101, s. 37; 1879, c.258; Code, s. 2056; 1887, c. 46; 1903, c. 102; Rev., s. 2686; 1909, c. 364, s.1; 1917, c. 187, s. 1; c. 282, s. 1; C.S., s. 3836; 1921, c. 135; Ex. Sess.,1921, c. 73; 1929, c. 197, s. 1; 1931, c. 448; 1951, c. 1125, s. 1; 1961, c.71; 1965, c. 414, s. 1; 1981, c. 826, s. 1; 1995, c. 513, ss. 2, 3a)
§ 136‑69. Cartways,tramways, etc., laid out; procedure.
(a) If any person,firm, association, or corporation shall be engaged in the cultivation of anyland or the cutting and removing of any standing timber, or the working of anyquarries, mines, or minerals, or the operating of any industrial ormanufacturing plants, or public or private cemetery, or taking actionpreparatory to the operation of any such enterprises, to which there is leadingno public road or other adequate means of transportation, other than anavigable waterway, affording necessary and proper means of ingress thereto andegress therefrom, such person, firm, association, or corporation may institutea special proceeding as set out in the preceding section (G.S. 136‑68),and if it shall be made to appear to the court necessary, reasonable and justthat such person shall have a private way to a public road or watercourse orrailroad over the lands of other persons, the court shall appoint a jury ofview of three disinterested freeholders to view the premises and lay off acartway, tramway, or railway of not less than 18 feet in width, or cableways,chutes, and flumes, and assess the damages the owner or owners of the landcrossed may sustain thereby, and make report of their findings in writing tothe clerk of the superior court. Exceptions to said report may be filed by anyinterested party and such exceptions shall be heard and determined by the clerkof the superior court. The clerk of the superior court may affirm or modifysaid report, or set the same aside and order a new jury of view. All damagesassessed by a judgment of the clerk, together with the cost of the proceeding,shall be paid into the clerk's office before the petitioners shall acquire anyrights under said proceeding.
(b) (See editor'snote) Compensation to the landowner for the establishment of a cartway overthe property of another shall be as provided in Chapter 40A Article 4 of theNorth Carolina General Statutes.
(c) Where a tract ofland lies partly in one county and partly in an adjoining county, or where atract of land lies wholly within one county and the public road nearest or fromwhich the most practical roadway to said land would run, lies in an adjoiningcounty and the practical way for a cartway to said land would lead over landsin an adjoining county, then and in that event the proceeding for the layingout and establishing of a cartway may be commenced in either the county inwhich the land is located or the adjoining county through which said cartway wouldextend to the public road, and upon the filing of such petition in eithercounty the clerk of the court shall have jurisdiction to proceed for theappointment of a jury from the county in which the petition is filed andproceed for the laying out and establishing of a cartway as if the tract ofland to be reached by the cartway and the entire length of the cartway are alllocated within the bounds of said county in which the petition may be filed. (1798,c. 508, s. 1, P.R.; 1822, c. 1139, s. 1, P.R.; R.C., c. 101, s. 37; 1879, c.258; Code, s. 2056; 1887, c. 46; 1903, c. 102; Rev., s. 2686; 1909, c. 364, s.1; 1917, c. 187, s. 1; c. 282, s. 1; C.S., s. 3836; 1921, c. 135; Ex. Sess.,1921, c. 73; 1929, c. 197, s. 1; 1931, c. 448; 1951, c. 1125, s. 1; 1961, c.71; 1965, c. 414, s. 1; 1981, c. 826, s. 1; 1995, c. 513, ss. 2, 3a)
