State Codes and Statutes

Statutes > North-carolina > Chapter_156 > GS_156-93_3

§ 156‑93.3. Extension of boundaries.

The boundaries of a drainage district may be extended upon compliancewith the requirements and procedures as follows:

(1)        The request for extension shall be made by the board ofcommissioners of the district, in the form of a petition in the name of thedrainage district, to the clerk of the superior court of the county wherein thedistrict was originally organized. The proceeding may be ex parte or adversary.

(2)        The area proposed to be included within the boundaries ofthe district must be either:

a.         Located upstream and adjacent to the existing boundary ofthe district and must have as its only source of drainage either:

1.         The canals of the district; or

2.         Natural or artificial drain ways which empty into or are benefitedby the canals of the district; and

3.         Must be within the watershed of the existing district; or

b.         Adjacent to the existing boundary of the district and have acommon outfall with the existing district.

(3)        a.         In the event the area meets therequirements of (2)a, it shall only be necessary for the petition to be filedby the board of commissioners of the district.

b.         In the event the area meets the requirement of (2)b of thissection, the owners of fifty percent (50%) or more of the land area which it isproposed to include or forty percent (40%) or more of the resident landownerswho will be benefited within such area, must join with and be petitioners withthe commissioners of the existing district, asking for the extension ofboundaries and inclusion of land within the existing district.

                  Should the area proposed to be included within theboundary of the enlarged district embrace one or more existing drainagedistricts, the commissioners of any such district or districts may join in apetition to the court asking for the extension of boundaries of the existingdistrict.

                  The joinder in the petition by the commissioners ofsuch drainage district in the name of the district shall have the effect ofincluding in the petition all of the land within said existing drainagedistrict to the same extent as if the petition had been signed individually byeach landowner of the district. The total acreage in such district or districtsshall be included as land in the petition in determining whether or not the requirementsunder this section have been complied with.

(4)        Upon filing of the petition for extension of the boundaries,the clerk of the superior court shall appoint a board of viewers with the samecomposition and qualifications as is required by G.S. 156‑59. The boardof viewers shall examine the area proposed to be included within the boundariesof the district to determine whether or not, in their opinion, it is feasibleand equitable to include said area within the boundaries of the district, andreport their finding to the court. The report must be made within 30 days afterthe appointment of said board of viewers. The time for filing said report maybe extended by the clerk upon a showing of a meritorious cause for theextension.

(5)        If the board of viewers shall report that the proposedextension of boundary is not feasible or equitable, the petition shall bedismissed and shall not be submitted again until after six months from date ofdismissal.

(6)        a.         If the board of viewers shallreport that the proposed extension of boundary is feasible and equitable, thenthe clerk of the superior court shall order the board of viewers to make afurther and detailed report which shall include a map of the area that isproposed to be annexed which shall show:

1.         Boundaries of the existing district;

2.         Boundaries of the proposed extension;

3.         A general location of each individual tract of land whichwill be benefited.

b.         In the event no additional work is proposed, the board ofviewers shall report the following:

1.         The allocation of benefits derived from the existing canals,structures or other improvements, between the existing district and the area tobe included within the boundaries of the existing district, which shall be apercentage figure and shall be the major factor for the determination of therequirements set forth in the succeeding paragraphs 2 and 3;

2.         The amount of money, if any, which the owners of the land tobe included within the district should pay for the use of the canals,structures or other improvements of the district;

3.         The percent of the cost of maintenance and operatingexpenses which the owners of the land to be included, should pay;

4.         Classification of the additional lands as to benefitsderived from the existing canals, structures or other improvements of thedistrict which shall be in accordance with the provisions of G.S. 156‑71.The area of the existing district shall not be classified, unless directed bythe clerk of the superior court;

5.         The names and addresses of the landowners within the areasproposed to be included insofar as may be determined from the tax records ofthe county;

6.         Such other information as may be appropriate or as may bedirected by the clerk of the superior court.

c.         In the event additional work is proposed, the report of theboard of viewers shall also contain the information required in G.S. 156‑93.2,as it applies to the final report of the board of viewers.

(7)        The board of viewers shall file their detailed or finalreport within 60 days after their appointment. The time for filing of saidreport may be extended by the clerk upon a showing of meritorious cause for theextension.

(8)        Upon the filing of said report those landowners in the areato be included who are not parties to the proceedings and who do not desire tosign the petition, shall be made parties defendant. Summons shall be servedupon the defendants in the manner required for special proceedings. There shallbe attached to and served with the summons, in lieu of a copy of the petitionor final report, a statement which shall set forth (i) the purpose of theproceedings and (ii) that the report of the board of viewers is on file in theoffice of the clerk of the superior court and may be examined by personsinterested.

(9)        The attorney for, or the commissioners of, the districtshall use due diligence to give notice to every landowner within the areaproposed to be included, who has not signed the petition asking for suchextension of boundaries and/or the proposed improvements.

                  The filing of a certificate by the attorney for, orthe commissioners of, the district that due diligence has been used to notifyeach of said defendant landowners shown by the report of the board of viewers,either by personal service or by publication, shall be sufficient showing ofcompliance with this provision. The certificate shall contain the names of suchlandowners served personally, the date of service and the names of those servedby publication and the date of service by publication.

(10)      Upon filing of said certificate the clerk shall fix a timeand place for a hearing upon said report, which date shall be no less than 20days after filing of said certificate.

(11)      Notice of said hearing shall be given as follows:

a.         Posting and publication:

1.         Posting at the courthouse door of the county in which theproceeding is pending;

2.         Posting at five conspicuous places in the district and inthe area to be included;

3.         The notice shall be posted at least 20 days prior to thesaid hearing;

4.         Publication in a newspaper with general circulation withinthe area once a week for three successive weeks;

5.         Mailing a copy of the notice to those persons for whom anaddress is shown in the certificate filed by the attorney for, or commissionersof, the district.

b.         Contents:

1.         The notice shall state the time and place for the hearing;

2.         Describe in general terms the area proposed to be includedand work proposed, if any;

3.         That the court will consider and adjudicate the report ofthe board of viewers.

(12)      At the date set for hearing any landowner may appear inperson or by counsel and file his objection in writing to the report of theboard of viewers. It shall be the duty of the clerk to carefully review thereport of the board of viewers and the objection filed thereto and make suchchanges as are necessary to render substantial and equal justice to all of thelandowners and the existing district.

(13)      The clerk shall, after making adjustments in the report ofthe board of viewers, if any, determine:

a.         If the area(s) of land sought to be included, or any partthereof, is, or will be, benefited by the canals, structures or otherimprovements of the district.

b.         If such area(s) should equitably be included within theboundary of the district because of the benefits received or to be receivedfrom the district.

c.         If the requirements of the preceding subdivision (3)b, ifapplicable, are met.

      If the clerk shall determine that all of thethree preceding requirements are met, he shall direct that the area(s) of landto be included within the boundaries of the district, in accordance with theprovisions of the report of the board of viewers, as approved.

(14)      If the clerk shall determine either:

a.         That no part of the area proposed to be included is or willbe benefited by the canals, structures or other improvements of the districtand equitably should not be included within the boundaries of the district; or

b.         That the requirements of the preceding subdivision (3)a orb, whichever is applicable, have not been complied with; he shall dismiss theproceeding.

(15)      Any landowner, party petitioner, or the drainage districtmay, within 10 days after the entry of an order or judgment by the clerk uponthe report of the board of viewers, appeal to the superior court in sessiontime or in chambers. The procedures for taking appeal under Article 27A ofChapter 1 of the General Statutes apply, except as provided otherwise by thisSubchapter. All of the terms and provisions of G.S. 156‑75 apply to theappeal.

(16)      The duties and powers of the board of commissioners as tothose lands included within the district by the current proceedings shall bethe same as to those in the original proceeding. (1961, c. 614, s. 1; 1965, c. 1143, s. 4; 1969, c.192, s. 3; cc. 440, 1002; 1999‑216, s. 22.)

State Codes and Statutes

Statutes > North-carolina > Chapter_156 > GS_156-93_3

§ 156‑93.3. Extension of boundaries.

The boundaries of a drainage district may be extended upon compliancewith the requirements and procedures as follows:

(1)        The request for extension shall be made by the board ofcommissioners of the district, in the form of a petition in the name of thedrainage district, to the clerk of the superior court of the county wherein thedistrict was originally organized. The proceeding may be ex parte or adversary.

(2)        The area proposed to be included within the boundaries ofthe district must be either:

a.         Located upstream and adjacent to the existing boundary ofthe district and must have as its only source of drainage either:

1.         The canals of the district; or

2.         Natural or artificial drain ways which empty into or are benefitedby the canals of the district; and

3.         Must be within the watershed of the existing district; or

b.         Adjacent to the existing boundary of the district and have acommon outfall with the existing district.

(3)        a.         In the event the area meets therequirements of (2)a, it shall only be necessary for the petition to be filedby the board of commissioners of the district.

b.         In the event the area meets the requirement of (2)b of thissection, the owners of fifty percent (50%) or more of the land area which it isproposed to include or forty percent (40%) or more of the resident landownerswho will be benefited within such area, must join with and be petitioners withthe commissioners of the existing district, asking for the extension ofboundaries and inclusion of land within the existing district.

                  Should the area proposed to be included within theboundary of the enlarged district embrace one or more existing drainagedistricts, the commissioners of any such district or districts may join in apetition to the court asking for the extension of boundaries of the existingdistrict.

                  The joinder in the petition by the commissioners ofsuch drainage district in the name of the district shall have the effect ofincluding in the petition all of the land within said existing drainagedistrict to the same extent as if the petition had been signed individually byeach landowner of the district. The total acreage in such district or districtsshall be included as land in the petition in determining whether or not the requirementsunder this section have been complied with.

(4)        Upon filing of the petition for extension of the boundaries,the clerk of the superior court shall appoint a board of viewers with the samecomposition and qualifications as is required by G.S. 156‑59. The boardof viewers shall examine the area proposed to be included within the boundariesof the district to determine whether or not, in their opinion, it is feasibleand equitable to include said area within the boundaries of the district, andreport their finding to the court. The report must be made within 30 days afterthe appointment of said board of viewers. The time for filing said report maybe extended by the clerk upon a showing of a meritorious cause for theextension.

(5)        If the board of viewers shall report that the proposedextension of boundary is not feasible or equitable, the petition shall bedismissed and shall not be submitted again until after six months from date ofdismissal.

(6)        a.         If the board of viewers shallreport that the proposed extension of boundary is feasible and equitable, thenthe clerk of the superior court shall order the board of viewers to make afurther and detailed report which shall include a map of the area that isproposed to be annexed which shall show:

1.         Boundaries of the existing district;

2.         Boundaries of the proposed extension;

3.         A general location of each individual tract of land whichwill be benefited.

b.         In the event no additional work is proposed, the board ofviewers shall report the following:

1.         The allocation of benefits derived from the existing canals,structures or other improvements, between the existing district and the area tobe included within the boundaries of the existing district, which shall be apercentage figure and shall be the major factor for the determination of therequirements set forth in the succeeding paragraphs 2 and 3;

2.         The amount of money, if any, which the owners of the land tobe included within the district should pay for the use of the canals,structures or other improvements of the district;

3.         The percent of the cost of maintenance and operatingexpenses which the owners of the land to be included, should pay;

4.         Classification of the additional lands as to benefitsderived from the existing canals, structures or other improvements of thedistrict which shall be in accordance with the provisions of G.S. 156‑71.The area of the existing district shall not be classified, unless directed bythe clerk of the superior court;

5.         The names and addresses of the landowners within the areasproposed to be included insofar as may be determined from the tax records ofthe county;

6.         Such other information as may be appropriate or as may bedirected by the clerk of the superior court.

c.         In the event additional work is proposed, the report of theboard of viewers shall also contain the information required in G.S. 156‑93.2,as it applies to the final report of the board of viewers.

(7)        The board of viewers shall file their detailed or finalreport within 60 days after their appointment. The time for filing of saidreport may be extended by the clerk upon a showing of meritorious cause for theextension.

(8)        Upon the filing of said report those landowners in the areato be included who are not parties to the proceedings and who do not desire tosign the petition, shall be made parties defendant. Summons shall be servedupon the defendants in the manner required for special proceedings. There shallbe attached to and served with the summons, in lieu of a copy of the petitionor final report, a statement which shall set forth (i) the purpose of theproceedings and (ii) that the report of the board of viewers is on file in theoffice of the clerk of the superior court and may be examined by personsinterested.

(9)        The attorney for, or the commissioners of, the districtshall use due diligence to give notice to every landowner within the areaproposed to be included, who has not signed the petition asking for suchextension of boundaries and/or the proposed improvements.

                  The filing of a certificate by the attorney for, orthe commissioners of, the district that due diligence has been used to notifyeach of said defendant landowners shown by the report of the board of viewers,either by personal service or by publication, shall be sufficient showing ofcompliance with this provision. The certificate shall contain the names of suchlandowners served personally, the date of service and the names of those servedby publication and the date of service by publication.

(10)      Upon filing of said certificate the clerk shall fix a timeand place for a hearing upon said report, which date shall be no less than 20days after filing of said certificate.

(11)      Notice of said hearing shall be given as follows:

a.         Posting and publication:

1.         Posting at the courthouse door of the county in which theproceeding is pending;

2.         Posting at five conspicuous places in the district and inthe area to be included;

3.         The notice shall be posted at least 20 days prior to thesaid hearing;

4.         Publication in a newspaper with general circulation withinthe area once a week for three successive weeks;

5.         Mailing a copy of the notice to those persons for whom anaddress is shown in the certificate filed by the attorney for, or commissionersof, the district.

b.         Contents:

1.         The notice shall state the time and place for the hearing;

2.         Describe in general terms the area proposed to be includedand work proposed, if any;

3.         That the court will consider and adjudicate the report ofthe board of viewers.

(12)      At the date set for hearing any landowner may appear inperson or by counsel and file his objection in writing to the report of theboard of viewers. It shall be the duty of the clerk to carefully review thereport of the board of viewers and the objection filed thereto and make suchchanges as are necessary to render substantial and equal justice to all of thelandowners and the existing district.

(13)      The clerk shall, after making adjustments in the report ofthe board of viewers, if any, determine:

a.         If the area(s) of land sought to be included, or any partthereof, is, or will be, benefited by the canals, structures or otherimprovements of the district.

b.         If such area(s) should equitably be included within theboundary of the district because of the benefits received or to be receivedfrom the district.

c.         If the requirements of the preceding subdivision (3)b, ifapplicable, are met.

      If the clerk shall determine that all of thethree preceding requirements are met, he shall direct that the area(s) of landto be included within the boundaries of the district, in accordance with theprovisions of the report of the board of viewers, as approved.

(14)      If the clerk shall determine either:

a.         That no part of the area proposed to be included is or willbe benefited by the canals, structures or other improvements of the districtand equitably should not be included within the boundaries of the district; or

b.         That the requirements of the preceding subdivision (3)a orb, whichever is applicable, have not been complied with; he shall dismiss theproceeding.

(15)      Any landowner, party petitioner, or the drainage districtmay, within 10 days after the entry of an order or judgment by the clerk uponthe report of the board of viewers, appeal to the superior court in sessiontime or in chambers. The procedures for taking appeal under Article 27A ofChapter 1 of the General Statutes apply, except as provided otherwise by thisSubchapter. All of the terms and provisions of G.S. 156‑75 apply to theappeal.

(16)      The duties and powers of the board of commissioners as tothose lands included within the district by the current proceedings shall bethe same as to those in the original proceeding. (1961, c. 614, s. 1; 1965, c. 1143, s. 4; 1969, c.192, s. 3; cc. 440, 1002; 1999‑216, s. 22.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_156 > GS_156-93_3

§ 156‑93.3. Extension of boundaries.

The boundaries of a drainage district may be extended upon compliancewith the requirements and procedures as follows:

(1)        The request for extension shall be made by the board ofcommissioners of the district, in the form of a petition in the name of thedrainage district, to the clerk of the superior court of the county wherein thedistrict was originally organized. The proceeding may be ex parte or adversary.

(2)        The area proposed to be included within the boundaries ofthe district must be either:

a.         Located upstream and adjacent to the existing boundary ofthe district and must have as its only source of drainage either:

1.         The canals of the district; or

2.         Natural or artificial drain ways which empty into or are benefitedby the canals of the district; and

3.         Must be within the watershed of the existing district; or

b.         Adjacent to the existing boundary of the district and have acommon outfall with the existing district.

(3)        a.         In the event the area meets therequirements of (2)a, it shall only be necessary for the petition to be filedby the board of commissioners of the district.

b.         In the event the area meets the requirement of (2)b of thissection, the owners of fifty percent (50%) or more of the land area which it isproposed to include or forty percent (40%) or more of the resident landownerswho will be benefited within such area, must join with and be petitioners withthe commissioners of the existing district, asking for the extension ofboundaries and inclusion of land within the existing district.

                  Should the area proposed to be included within theboundary of the enlarged district embrace one or more existing drainagedistricts, the commissioners of any such district or districts may join in apetition to the court asking for the extension of boundaries of the existingdistrict.

                  The joinder in the petition by the commissioners ofsuch drainage district in the name of the district shall have the effect ofincluding in the petition all of the land within said existing drainagedistrict to the same extent as if the petition had been signed individually byeach landowner of the district. The total acreage in such district or districtsshall be included as land in the petition in determining whether or not the requirementsunder this section have been complied with.

(4)        Upon filing of the petition for extension of the boundaries,the clerk of the superior court shall appoint a board of viewers with the samecomposition and qualifications as is required by G.S. 156‑59. The boardof viewers shall examine the area proposed to be included within the boundariesof the district to determine whether or not, in their opinion, it is feasibleand equitable to include said area within the boundaries of the district, andreport their finding to the court. The report must be made within 30 days afterthe appointment of said board of viewers. The time for filing said report maybe extended by the clerk upon a showing of a meritorious cause for theextension.

(5)        If the board of viewers shall report that the proposedextension of boundary is not feasible or equitable, the petition shall bedismissed and shall not be submitted again until after six months from date ofdismissal.

(6)        a.         If the board of viewers shallreport that the proposed extension of boundary is feasible and equitable, thenthe clerk of the superior court shall order the board of viewers to make afurther and detailed report which shall include a map of the area that isproposed to be annexed which shall show:

1.         Boundaries of the existing district;

2.         Boundaries of the proposed extension;

3.         A general location of each individual tract of land whichwill be benefited.

b.         In the event no additional work is proposed, the board ofviewers shall report the following:

1.         The allocation of benefits derived from the existing canals,structures or other improvements, between the existing district and the area tobe included within the boundaries of the existing district, which shall be apercentage figure and shall be the major factor for the determination of therequirements set forth in the succeeding paragraphs 2 and 3;

2.         The amount of money, if any, which the owners of the land tobe included within the district should pay for the use of the canals,structures or other improvements of the district;

3.         The percent of the cost of maintenance and operatingexpenses which the owners of the land to be included, should pay;

4.         Classification of the additional lands as to benefitsderived from the existing canals, structures or other improvements of thedistrict which shall be in accordance with the provisions of G.S. 156‑71.The area of the existing district shall not be classified, unless directed bythe clerk of the superior court;

5.         The names and addresses of the landowners within the areasproposed to be included insofar as may be determined from the tax records ofthe county;

6.         Such other information as may be appropriate or as may bedirected by the clerk of the superior court.

c.         In the event additional work is proposed, the report of theboard of viewers shall also contain the information required in G.S. 156‑93.2,as it applies to the final report of the board of viewers.

(7)        The board of viewers shall file their detailed or finalreport within 60 days after their appointment. The time for filing of saidreport may be extended by the clerk upon a showing of meritorious cause for theextension.

(8)        Upon the filing of said report those landowners in the areato be included who are not parties to the proceedings and who do not desire tosign the petition, shall be made parties defendant. Summons shall be servedupon the defendants in the manner required for special proceedings. There shallbe attached to and served with the summons, in lieu of a copy of the petitionor final report, a statement which shall set forth (i) the purpose of theproceedings and (ii) that the report of the board of viewers is on file in theoffice of the clerk of the superior court and may be examined by personsinterested.

(9)        The attorney for, or the commissioners of, the districtshall use due diligence to give notice to every landowner within the areaproposed to be included, who has not signed the petition asking for suchextension of boundaries and/or the proposed improvements.

                  The filing of a certificate by the attorney for, orthe commissioners of, the district that due diligence has been used to notifyeach of said defendant landowners shown by the report of the board of viewers,either by personal service or by publication, shall be sufficient showing ofcompliance with this provision. The certificate shall contain the names of suchlandowners served personally, the date of service and the names of those servedby publication and the date of service by publication.

(10)      Upon filing of said certificate the clerk shall fix a timeand place for a hearing upon said report, which date shall be no less than 20days after filing of said certificate.

(11)      Notice of said hearing shall be given as follows:

a.         Posting and publication:

1.         Posting at the courthouse door of the county in which theproceeding is pending;

2.         Posting at five conspicuous places in the district and inthe area to be included;

3.         The notice shall be posted at least 20 days prior to thesaid hearing;

4.         Publication in a newspaper with general circulation withinthe area once a week for three successive weeks;

5.         Mailing a copy of the notice to those persons for whom anaddress is shown in the certificate filed by the attorney for, or commissionersof, the district.

b.         Contents:

1.         The notice shall state the time and place for the hearing;

2.         Describe in general terms the area proposed to be includedand work proposed, if any;

3.         That the court will consider and adjudicate the report ofthe board of viewers.

(12)      At the date set for hearing any landowner may appear inperson or by counsel and file his objection in writing to the report of theboard of viewers. It shall be the duty of the clerk to carefully review thereport of the board of viewers and the objection filed thereto and make suchchanges as are necessary to render substantial and equal justice to all of thelandowners and the existing district.

(13)      The clerk shall, after making adjustments in the report ofthe board of viewers, if any, determine:

a.         If the area(s) of land sought to be included, or any partthereof, is, or will be, benefited by the canals, structures or otherimprovements of the district.

b.         If such area(s) should equitably be included within theboundary of the district because of the benefits received or to be receivedfrom the district.

c.         If the requirements of the preceding subdivision (3)b, ifapplicable, are met.

      If the clerk shall determine that all of thethree preceding requirements are met, he shall direct that the area(s) of landto be included within the boundaries of the district, in accordance with theprovisions of the report of the board of viewers, as approved.

(14)      If the clerk shall determine either:

a.         That no part of the area proposed to be included is or willbe benefited by the canals, structures or other improvements of the districtand equitably should not be included within the boundaries of the district; or

b.         That the requirements of the preceding subdivision (3)a orb, whichever is applicable, have not been complied with; he shall dismiss theproceeding.

(15)      Any landowner, party petitioner, or the drainage districtmay, within 10 days after the entry of an order or judgment by the clerk uponthe report of the board of viewers, appeal to the superior court in sessiontime or in chambers. The procedures for taking appeal under Article 27A ofChapter 1 of the General Statutes apply, except as provided otherwise by thisSubchapter. All of the terms and provisions of G.S. 156‑75 apply to theappeal.

(16)      The duties and powers of the board of commissioners as tothose lands included within the district by the current proceedings shall bethe same as to those in the original proceeding. (1961, c. 614, s. 1; 1965, c. 1143, s. 4; 1969, c.192, s. 3; cc. 440, 1002; 1999‑216, s. 22.)