State Codes and Statutes

Statutes > North-carolina > Chapter_156 > GS_156-92

§ 156‑92.  Controland repairs by drainage commissioners.

Whenever any improvement constructed under this Subchapter is completedit shall be under the control and supervision of the board of drainagecommissioners.  It shall be the duty of the board to keep the levee, ditch,drain, or watercourse in good repair, and for this purpose they may levy anassessment on the lands benefited by the maintenance or repair of suchimprovement in the same manner and in the same proportion as the originalassessments were made, and the fund that is collected shall be used forrepairing and maintaining the ditch, drain, or watercourse in perfect order:Provided, however, that if any repairs are made necessary by the act ornegligence of the owner of any land through which such improvement isconstructed or by the act or negligence of his agent or employee, or if thesame is caused by the cattle, hogs, or other stock of such owner, employee, oragent, then the cost thereof shall be assessed and levied against the lands ofthe owner alone, to be collected by proper suit instituted by the drainagecommissioners.  It shall be unlawful for any person to injure or damage orobstruct or build any bridge, fence, or floodgate in such a way as to injure ordamage any levee, ditch, drain, or watercourse constructed or improved underthe provisions of this Subchapter, and any person causing such injury shall beguilty of a Class 3 misdemeanor, and upon conviction thereof may only be finedin any sum not exceeding twice the damage or injury done or caused. (1909, c. 442, s. 29; C.S., s. 5349; 1947, c. 982, s.1; 1993, c. 539, s. 1075; 1994, Ex. Sess., c. 24, s. 14(c).)

State Codes and Statutes

Statutes > North-carolina > Chapter_156 > GS_156-92

§ 156‑92.  Controland repairs by drainage commissioners.

Whenever any improvement constructed under this Subchapter is completedit shall be under the control and supervision of the board of drainagecommissioners.  It shall be the duty of the board to keep the levee, ditch,drain, or watercourse in good repair, and for this purpose they may levy anassessment on the lands benefited by the maintenance or repair of suchimprovement in the same manner and in the same proportion as the originalassessments were made, and the fund that is collected shall be used forrepairing and maintaining the ditch, drain, or watercourse in perfect order:Provided, however, that if any repairs are made necessary by the act ornegligence of the owner of any land through which such improvement isconstructed or by the act or negligence of his agent or employee, or if thesame is caused by the cattle, hogs, or other stock of such owner, employee, oragent, then the cost thereof shall be assessed and levied against the lands ofthe owner alone, to be collected by proper suit instituted by the drainagecommissioners.  It shall be unlawful for any person to injure or damage orobstruct or build any bridge, fence, or floodgate in such a way as to injure ordamage any levee, ditch, drain, or watercourse constructed or improved underthe provisions of this Subchapter, and any person causing such injury shall beguilty of a Class 3 misdemeanor, and upon conviction thereof may only be finedin any sum not exceeding twice the damage or injury done or caused. (1909, c. 442, s. 29; C.S., s. 5349; 1947, c. 982, s.1; 1993, c. 539, s. 1075; 1994, Ex. Sess., c. 24, s. 14(c).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_156 > GS_156-92

§ 156‑92.  Controland repairs by drainage commissioners.

Whenever any improvement constructed under this Subchapter is completedit shall be under the control and supervision of the board of drainagecommissioners.  It shall be the duty of the board to keep the levee, ditch,drain, or watercourse in good repair, and for this purpose they may levy anassessment on the lands benefited by the maintenance or repair of suchimprovement in the same manner and in the same proportion as the originalassessments were made, and the fund that is collected shall be used forrepairing and maintaining the ditch, drain, or watercourse in perfect order:Provided, however, that if any repairs are made necessary by the act ornegligence of the owner of any land through which such improvement isconstructed or by the act or negligence of his agent or employee, or if thesame is caused by the cattle, hogs, or other stock of such owner, employee, oragent, then the cost thereof shall be assessed and levied against the lands ofthe owner alone, to be collected by proper suit instituted by the drainagecommissioners.  It shall be unlawful for any person to injure or damage orobstruct or build any bridge, fence, or floodgate in such a way as to injure ordamage any levee, ditch, drain, or watercourse constructed or improved underthe provisions of this Subchapter, and any person causing such injury shall beguilty of a Class 3 misdemeanor, and upon conviction thereof may only be finedin any sum not exceeding twice the damage or injury done or caused. (1909, c. 442, s. 29; C.S., s. 5349; 1947, c. 982, s.1; 1993, c. 539, s. 1075; 1994, Ex. Sess., c. 24, s. 14(c).)