North Carolina § 136-68 - Special proceeding for establishment, alteration or discontinuance of cartways, etc.; petition; appeal.

§ 136-68. Special proceeding for establishment, alteration or discontinuance of cartways, etc.; petition; appeal.

The establishment, alteration, or discontinuance of any cartway, church road, mill road, or like easement, for the benefit of any person, firm, association, or corporation, over the lands of another, shall be determined by a special proceeding instituted before the clerk of the superior court in the county where the property affected is situated. Such special proceeding shall be commenced by a petition filed with said clerk and the service of a copy thereof on the person or persons whose property will be affected thereby. From any final order or judgment in said special proceeding, any interested party may appeal to the superior court for a jury trial de novo on all issues including the right to relief, the location of a cartway, tramway or railway, and the assessment of damages. The procedure established under Chapter 40A , entitled "Eminent Domain," shall be followed in the conduct of such special proceeding insofar as the same is applicable and in harmony with the provisions of this section. History (1879, c. 82, s. 9; Code, s. 2023; Rev., s. 2683; C.S., s. 3835; 1931, c. 448; 1995, c. 513, s. 1.) Local Modification. - Burke, Caldwell and Catawba: Pub. Loc. 1931, c. 313; Graham: Pub. Loc. 1935, c. 224; Lincoln: Pub. Loc. 1931, c. 313. Editor's Note. - Session Laws 1995, c. 513, s. 4, provides in part: "This act applies to actions to establish cartways filed on or after the effective date, but before July 1, 1997." Legal Periodicals. - For an article on statutory easements by necessity or cartways, see 75 N.C.L. Rev. 1943 (1997).