§ 136-68. Special proceeding for establishment, alteration or discontinuance of cartways, etc.; petition; appeal.
§136‑68. Special proceeding for establishment, alteration ordiscontinuance of cartways, etc.; petition; appeal.
The establishment, alteration,or discontinuance of any cartway, church road, mill road, or like easement, forthe benefit of any person, firm, association, or corporation, over the lands ofanother, shall be determined by a special proceeding instituted before theclerk of the superior court in the county where the property affected issituated. Such special proceeding shall be commenced by a petition filed withsaid clerk and the service of a copy thereof on the person or persons whoseproperty will be affected thereby. From any final order or judgment in saidspecial proceeding, any interested party may appeal to the superior court for ajury trial de novo on all issues including the right to relief, the location ofa cartway, tramway or railway, and the assessment of damages. The procedureestablished under Chapter 40A, entitled "Eminent Domain," shall befollowed in the conduct of such special proceeding insofar as the same isapplicable and in harmony with the provisions of this section. (1879,c. 82, s. 9; Code, s. 2023; Rev., s. 2683; C.S., s. 3835; 1931, c. 448; 1995,c. 513, s. 1.)