Long Creek Drainage District v. Huffstetler
Supreme Court of North Carolina
Civil actioN, tried before Justice,, at December Term, 1916, of GASTON. This is an action commenced in the Superior Court to enforce the collection of $192.40 assessed against the land of the defendant for drainage purposes by the commissioners of the Long Creek Drainage District. The district was created under Chapter 287 of the Public-Local Laws of 1911, which defines the district and the powers of the commissioners.
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Civil actioN, tried before Justice,, at December Term, 1916, of GASTON. This is an action commenced in the Superior Court to enforce the collection of $192.40 assessed against the land of the defendant for drainage purposes by the commissioners of the Long Creek Drainage District. The district was created under Chapter 287 of the Public-Local Laws of 1911, which defines the district and the powers of the commissioners. Among other things, it empowers the commissioners to assess the lands in the district according to benefits, and that after such assessment that notice be given to each…
1Opinion of the Court
J.
The questions raised by this appeal are settled against the defendant by Canal Co. v. Whitley, 172 N. C., 100, in which it was held that a statute in its essential features like the one before us was constitutional, and that the right to appeal to the Superior Court from the assessment levied constituted “due process.”
The same case also decided that the assessment “is not a debt and does not arise ex contractu. It is not a x>ersonal liability of the landowner to be 'collected by execution, as against which he would be entitled to a homestead. It is a statutory charge upon the land, and must…
2Cases cited1 opinion
- Middle Canal Co. v. WhitleySupreme Court of North Carolina · 1916
3Cited by11 opinions
- Charlotte v. . KavanaughSupreme Court of North Carolina · 1942
- Raleigh v. . BankSupreme Court of North Carolina · 1943
- Wilkinson v. . BoomerSupreme Court of North Carolina · 1940
- City of Raleigh v. Mechanics & Farmers BankSupreme Court of North Carolina · 1943
- City of High Point v. ClinardSupreme Court of North Carolina · 1933
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