N.C. Gen. Stat. » Chapter 156
NC General Statutes

N.C. Gen. Stat. § 156-37 (2026)

Petition filed in superior court

✓ current as of July 2026
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Any proprietor in fee of swamplands, which cannot be drained except by cutting a canal through the lands of another or other proprietor in fee, situated at a lower level and which would also be materially benefited by the cutting of such canal, who desires that such canal be cut on the terms on which it is hereinafter allowed, may apply by petition, setting forth the facts, to the superior court of the county in which any of the lands through which the canal will pass may lie. (1868-9, c. 164, s. 2; Code, s. 1311; Rev., s. 3996; C.S., s. 5295.)

 

Notes of Decisions
Cited in 2 cases, 1949–1950 · leading case: In Re Atkinson-Clark Canal Co., 56 S.E.2d 442 (N.C. 1949).
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In Re Atkinson-Clark Canal Co., 56 S.E.2d 442 (N.C. 1949). · cites it 2× “The burden was upon the petitioner to show that it was created and organized pursuant to the provisions of what is now Subcbapter II, G.S. 156-37 through 156-43, and that the assessments made were levied pursuant to and in compliance with the provisions of such subcbapter.”
Sawyer Canal Co. v. Keys, 62 S.E.2d 67 (N.C. 1950). “Sub-chapter II of Chapter 156 of the General Statutes, entitled “Drainage by Corporation,” prescribes in Article 3, comprising Sections G.S. 156-37 through G.S. 156-43, the “manner of organization” of corporations for the construction of canals.”
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