1913_public local laws_349_11
CHAPTER 348 AN ACT TO PROVIDE FOR THE DRAINAGE OF CERTAIN PORTIONS OF MUDDY CREEK AND SOUTH MUDDY CREEK IN BURKE AND McDOWELL COUNTIES. Whereas there are many acres of land on Muddy Creek and South Muddy Creek and their tributaries, in McDowell and Burke counties, that have been, are now, and are liable to be greatly damaged and diminished by reason of the shallow and narrow channel of said creek and the filling of same by reason of the limited and sluggish flow of said creek and improper drainage; and whereas, by reason of same, the bottom-lands overflow and become wet and soggy, and nonproductive; and whereas a con- servative assessment upon the acreage to be benefited would make a fund sufficient, if wisely and judiciously expended, to lower the channel and bed of said stream, by excavation, the widening and changing.the bed of the creek, and removing the obstructions, Ret et ce ee ee nae giving said creeks a better fall and outlet for the water, would thereby greatly remedy and improve the condition of the land, dry and reclaim the wet and overflowed lands, making same pro- ductive to cultivation, increasing its value, and more especially improve the sanitary condition and health of the public and com- munity in general; and whereas it is impracticable to do this much needed work without legislative aid, whereby there can be con- centrated effort equally and mutually beneficial to all the owners: therefore, The General Assembly of North Carolina do enact:
If it shall be necessary to acquire a right of way or an outlet over and through lands not affected by the drainage, or shall be necessary to acquire land in changing the channel of said creeks for the betterment of the flow of the water and improvement of the objects and purposes of this act, and in either event the same cannot be acquired by purchase, then and in that event the power of eminent domain is hereby conferred, and the same may be condemned. Such owner or owners of the land proposed to be condemned may be made parties defendants in the manner of an ancillary proceeding, and the procedureshall be substantially as provided for the condemnation of rights of way for railroads in chapter sixty-one of the Revisal of one thousand nine hundred and five, so far as the same may be applicable, and such damages as may be awarded as compensation shall be paid by the commission out of the funds which shall be available from the proceeds of sale of bonds or from the collection of the assessments upon benefits; and every privilege, power, and right to carry out the provisions of this act are granted said commission to aid in the further promotion of said work herein contemplated by this act.