State Codes and Statutes
Statutes > North-carolina > Chapter_156 > GS_156-16§ 156‑16. Petitionby servient owner against dominant owner.
Any person owning lands lying upon any creek, swamp, or other streamnot navigable, which are subject to inundation and which cannot be convenientlydrained or embanked on account of the volume of water flowing over the samefrom lands lying above, and by draining the same the lands above will bebenefited and better drained, such person may by petition apply to the superiorcourt of the county in which the lands sought to be drained or embanked, orsome part of such lands, lie, setting forth the particular circumstances of thecase, the valuation of the lands to be drained or embanked, and what otherlands above would be benefited, and who are the proprietors of such lands;whereupon a summons shall be served upon each of the proprietors, who are notpetitioners, requiring them to appear before the court at a time to be named inthe summons, which shall not be less than 10 days from the service thereof, andupon such day the petition shall be heard and the court shall appoint threepersons as commissioners, who shall, before entering upon the discharge oftheir duties, be sworn to do justice between the parties. (1889, c. 253; Rev., s. 4016; C.S., s. 5275.)
