NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 1143

HOUSE BILL 892

 

 

AN ACT TO AMEND G.S. 156, SUBCHAPTER 3, RELATING TO AUTHORITY OF COMMISSIONERS OF DRAINAGE DISTRICT AND USE OF IMPOUNDED WATER, RIGHT OF APPEAL OF DRAINAGE DISTRICT, PROTECTION OF FISH AND WILDLIFE HABITAT.

 

The General Assembly of North Carolina do enact:

Section 1.  G.S. 156-69 is hereby amended by striking the second and third paragraphs thereof and inserting in lieu thereof, the following:

"The board of viewers shall consider the effect of the proposed improvements upon the habitat of fish and wildlife, and the laws and regulations of the State Board of Health. Their report shall include their recommendations and the estimated cost thereof, as to the conservation and replacement of fish and wildlife habitat, if they shall determine such shall be damaged or displaced by the proposed improvement. The board, to determine their recommendations, may consult governmental agencies, wildlife associations, individuals, or such other sources as they may deem desirable, to assist them in their considerations of and recommendations relating to, the conservation and replacement of fish and wildlife habitat.

"The board of viewers shall consider the need for and feasibility of, the construction of structures which will do one or more of the following:

(1)        Control the flow of water

(2)        Impound or store water and,

(3)        Provide areas for conservation and replacement of fish and wildlife habitat.

"If structures are recommended for any one or more of said purposes, their report shall include:

(1)        Specifications therefor.

(2)        Location thereof, together with the description of the area of land needed for the purpose of said structure, i.e., water storage or impoundment, or fish and wildlife habitat.

(3)        Estimate of cost thereof.

"The report of the board of viewers shall set forth, in regard to the foregoing, the following information:

(1)        The areas of land needed for construction and maintenance of:

(a)        The canals and drainage system.

(b)        Structures to:

(1)        to control the water,

(2)        impound or store water and,

(3)        to conserve and replace fish and wildlife habitat.

(2)        Upon whose land such areas are located.

(3)        The area of land necessary to be acquired from each landowner.

"The map accompanying the report shall have shown thereon, the location of the areas of land needed for the construction and maintenance of the following:

(1)        The canal and drainage system.

(2)        Structures to:

(a)        control the flow of water

(b)        impound or store the water

(c)        conserve and replace fish and wildlife habitat.

Sec. 2.  G.S. 156-70.1 is hereby amended by striking the last sentence of the fifth paragraph and inserting in lieu thereof, the following:

"The landowner or the drainage district may appeal from the decision of the Clerk of the Superior Court, to the Superior Court, upon the question of the value of the land taken and such value shall be determined by a jury. The procedure for the appeal shall be in accordance with the provisions of G.S. 156-75."

Sec. 3.  G.S. 156-82.1 is hereby amended by adding after subsection (f), the following subsections, and striking the last unnumbered paragraph and inserting subsection (i) as follows:

"(g)       The Board of Commissioners may authorize the use of stored or impounded water for recreational purposes. They may acquire title, by gift or purchase, but not by condemnation, of land to be used in conjunction with the stored and impounded water, for the development of recreational facilities.

"The said Commissioners are not authorized to use funds obtained from assessments upon the lands within the drainage district, for the purposes of the acquisition and development of recreational facilities. They are authorized to issue revenue bonds or notes, for the acquisition of land and construction and development of recreational facilities. The funds received from the use of the said recreational facilities, may be pledged for the payment of said revenue bonds and notes.

"The terms and conditions of the issuance and payment of the said revenue bonds or notes, must be approved by the Clerk of the Superior Court who has jurisdiction of the said drainage district.

"The Commissioners are authorized to enter into a contract with persons, association of persons or municipal or private corporations, for the operation of recreational facilities, owned by the drainage district. The contract may be entered into by negotiations or by award to the highest bidder at a public rental to be advertised as directed by the Clerk of the Superior Court. The terms of the contract must be approved by the Clerk of the Superior Court who has jurisdiction of the said drainage district.

"(h)       The Commissioners may enter into a contract with a municipality or other nonprofit organizations, for the joint use of a facility for the impoundment or storage of water. The contract must be approved by the Clerk of the Superior Court who has jurisdiction of the drainage district.

"(i)        All improvements constructed and acquired under the provisions of this subchapter shall be under the control and supervision of the board of drainage commissioners. It shall be their duty to keep all improvements in good repair."

Sec. 4.  G.S. 156-93.3(3-b) by adding the following as an unnumbered paragraph thereto:

Should the area proposed to be included within the boundary of the enlarged district embrace one or more existing drainage districts, the commissioners of any such district or districts may join in a petition to the court asking for the extension of boundaries of the existing district.

The joinder in the petition by the commissioners of such drainage district in the name of the district shall have the effect of including in the petition all the land within said existing drainage district to the same extent as of the petition had been signed individually by each landowner of the district. The total acreage in such district or districts shall be included as land in the petition in determining whether or not the requirements under this Section have been complied with.

Sec. 5.  G.S. 156-93.7 is hereby amended by striking the entire Section and inserting in lieu thereof the following:

"If there shall be more than one drainage district in a drainage basin, or watershed, the board of drainage commissioners of any of the districts may initiate or join separately or collectively with the commissioners of one or more of other drainage districts, in the drainage basin or watershed, and/or with the owners of land within the drainage basin, whose lands are not included within an existing drainage district in a petition to the court, asking for the creation of a larger drainage district, or the extension of boundaries of one of the existing districts.

"The joinder in the petition by the commissioners of an existing drainage district, acting in the name of the district, shall have the effect of including all of the land assessed within the drainage district, in the petition asking for the creation of the larger drainage district of the extension of boundaries of an existing district. The total area of assessed land, within the existing drainage district shall be included, as land in the petition, in determining whether or not the requirement of G.S. 156-93.3(3-b) have been fulfilled.

"The provisions of this Section shall apply in proceedings provided for in G.S. 156-93.2 and 156-93.3."

Sec. 6.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 7.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 17th day of June, 1965.