NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 192

HOUSE BILL 141

AN ACT RELATING TO RIGHT OF APPEAL IN DRAINAGE DISTRICT HEARINGS.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 156-75 is hereby amended by striking out the first three sentences thereof and substituting in lieu thereof the following:

"G. S. 156-75.  Appeal from final hearing. Any landowner, party petitioner or the Drainage District may, within ten days after the ruling or adjudication by the Clerk upon the report of the board of viewers, appeal to the Superior Court in session time or in chambers. Such appeal shall be taken and prosecuted as provided in special proceedings. Such appeal shall be based and heard only upon the exceptions filed thereto in writing by the appealing party, either as to issues of law or fact, and no additional exceptions shall be considered by the court upon the hearing of the appeal."

Sec. 2.  G.S. 156-93.21(10) is hereby rewritten in its entirety to read as follows:

"(10)    Any landowner, party petitioner or the Drainage District may, within ten days after the ruling or adjudication by the Clerk upon the report of the board of viewers, appeal to the Superior Court in session time or in chambers. Such appeal shall be taken and prosecuted as provided in special proceedings. Such appeal shall be based and heard only upon the exceptions filed thereto in writing by the appealing party, either as to issues of law or fact, and no additional exceptions shall be considered by the court upon the hearing of the appeal. All of the terms and provisions of G.S. 156-75 shall apply to the appeal."

Sec. 3.  (15) Any landowner, party petitioner or the Drainage District may, within ten days after the ruling or adjudication by the Clerk upon the report of the board of viewers, appeal to the Superior Court in session time or in chambers. Such appeal shall be taken and prosecuted as provided in special proceedings. Such appeal shall be based and heard only upon the exceptions filed thereto in writing by the appealing party, either as to issues of law or fact, and no additional exceptions shall be considered by provisions of G.S. 156-75 shall apply to the appeal.

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 7th day of April, 1969.