Long Creek Drainage Dist. v. Huffstetler

• Court: North Carolina Supreme Court
• Writing for the Court: ALLEN, J.
• Citation: Long Creek Drainage Dist. v. Huffstetler, 173 N.C. 523, 92 S.E. 368 (N.C. 1917)
• Decision Date: 16 May 1917
• Docket Number: 450.
• Parties: LONG CREEK DRAINAGE DIST. ET AL. v. HUFFSTETLER.

92 S.E. 368

173 N.C. 523

LONG CREEK DRAINAGE DIST. ET AL. v. HUFFSTETLER.

No. 450.

Supreme Court of North Carolina

May 16, 1917

Appeal from Superior Court, Gaston County; Justice, Judge.

Action by the Long Creek Drainage District and the Board of Commissioners against W. L. Huffstetler. Judgment for plaintiffs, and defendant appeals. Modified and affirmed.

Under Pub.Loc.Laws 1911, c. 287, making drainage benefit assessments a lien upon land, an assessment becomes in effect a judgment, and an action thereon is not barred by the three-year statute relating to statutory liabilities, but only by the ten-year statute relating to actions on judgments.

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 landowner who shall have the right within ten days thereafter to appeal to the superior court of Gaston county from the assessment and classification of his lands. It is also provided in section 8 as follows:

"Sec 8. The said board of commissioners shall have power either to prosecute said work to completion and assess to each landowner his proportion of the actual cost thereof, or to estimate as accurately as may be the probable cost of such work, and assess to each landowner his proportion of such probable cost, to be collected during the progress of said work; and if such estimate shall be found to be insufficient to pay the cost of such work in full, to make such additional assessment from time to time as shall be necessary to raise the full amount of the cost of such work. And the chairman of the said board of commissioners shall have power, and it shall be his duty, to institute an action in the superior court of Gaston county, in the name of the board of commissioners, against any landowner who fails or refuses to pay his assessment, and shall prosecute same to judgment, and the process of the collection of such judgments shall be as provided by law in civil actions; and all assessments made hereunder are hereby declared to be a lien as for special tax upon the land of the landowner within said district, to be due and payable within (30) days after notice thereof in writing has been given by the said board of commissioners to said landowner."

The...