56-101. Dams and sites; acquisition; eminent domain; procedure.

The power of eminent domain may be exercised by (1) any person who desires to erect a dam across any watercourse for the purpose of building a water grist, saw, carding, or fulling mill or of erecting any machinery to be propelled by water and who is the owner of the lands, on which he or she desires to build such mill or erect such machinery, on one side of such watercourse and not of the lands of the opposite side against or upon which he or she would abut the dam; (2) any person who is the owner of the lands on which he or she desires to erect any such mill or machinery on both sides of such watercourse; or (3) any person who erected such mill and milldam on his or her own lands. Any such person shall first obtain a permit from the Department of Natural Resources to use the waters of such watercourse for such purposes. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.

Source:G.S.1873, c. 44, § 1, p. 472; Laws 1911, c. 82, § 1, p. 336; R.S.1913, § 3974; C.S.1922, § 3377; C.S.1929, § 56-101; R.S.1943, § 56-101; Laws 1951, c. 101, § 101, p. 494; Laws 2000, LB 900, § 244.    


Cross References

Annotations

56-102. Repealed. Laws 1951, c. 101, § 127.

56-103. Repealed. Laws 1951, c. 101, § 127.

56-104. Repealed. Laws 1951, c. 101, § 127.

56-105. Repealed. Laws 1951, c. 101, § 127.

56-106. Repealed. Laws 1951, c. 101, § 127.

56-107. Repealed. Laws 1951, c. 101, § 127.

56-108. Repealed. Laws 1951, c. 101, § 127.

56-109. Repealed. Laws 1951, c. 101, § 127.

56-110. Repealed. Laws 1951, c. 101, § 127.

56-111. Repealed. Laws 1951, c. 101, § 127.

56-112. Repealed. Laws 1951, c. 101, § 127.

56-113. Repealed. Laws 1951, c. 101, § 127.

56-114. Repealed. Laws 1951, c. 101, § 127.

56-115. Damages from stagnant or overflow water; procedure.

Where any person may have built a mill or other dam whereby the water of any river, creek, run, or spring may be rendered stagnant, or any lands may be overflowed or injured thereby, any person or any number of persons interested therein, or who may be damaged by the stagnation or overflowing of such water, or otherwise, may have the damages sustained, ascertained, and determined in the manner set forth in sections 76-704 to 76-724.

Source:G.S.1873, c. 44, § 4, p. 476; R.S.1913, § 3988; C.S.1922, § 3391; C.S.1929, § 56-115; R.S.1943, § 56-115; Laws 1951, c. 101, § 102, p. 495.


Annotations

56-116. Repealed. Laws 1951, c. 101, § 127.

56-117. Repealed. Laws 1951, c. 101, § 127.

56-118. Repealed. Laws 1951, c. 101, § 127.

56-119. Repealed. Laws 1951, c. 101, § 127.

56-120. Repealed. Laws 1951, c. 101, § 127.

56-121. Repealed. Laws 1951, c. 101, § 127.

56-122. Repealed. Laws 1951, c. 101, § 127.

56-123. Repealed. Laws 1951, c. 101, § 127.

56-124. Milldams; repairs; right of entry on adjoining lands.

When the water backed up by any milldam belonging to any mill or machinery is about to break through or over the banks of the stream, or to wash a channel so as to turn the water of such stream, or any part thereof, out of its bed or ordinary channel, whereby such mill or machinery will be injured or affected, the owner or occupier of such mill or machinery, if he does not own such bank or banks or the lands lying contiguous thereto, may, if necessary, enter thereon, and erect and keep in repair such embankments, fortifications, and other works as shall be requisite to prevent such water from breaking through or over the bank or banks of such stream, or washing a channel as aforesaid, such owner or occupier committing thereon no unnecessary waste or damage.

Source:G.S.1873, c. 44, § 24, p. 478; R.S.1913, § 3997; C.S.1922, § 3400; C.S.1929, § 56-124; R.S.1943, § 56-124.


56-125. Milldams; repairs; damage to adjoining owner; recovery for.

Nothing contained in section 56-124 shall be construed to bar the owner of such bank or banks, or lands lying contiguous thereto, from recovering the amount of any injury which he may have actually and in fact sustained by the erection or repair of such embankment, fortification or other works.

Source:G.S.1873, c. 44, § 25, p. 478; R.S.1913, § 3998; C.S.1922, § 3401; C.S.1929, § 56-125; R.S.1943, § 56-125.


56-126. Mill owner; damages for injury to property; recovery for.

If any person shall injure, destroy or remove any such embankment, fortification or other works, the owner or occupier of such mill or machinery may recover of such person all damages which he may sustain by reason of such injury, destruction or removal.

Source:G.S.1873, c. 44, § 26, p. 478; R.S.1913, § 3999; C.S.1922, § 3402; C.S.1929, § 56-126; R.S.1943, § 56-126.


56-127. Milldam sites; acquisition by municipal corporation; when allowed; procedure.

Any city, village, or municipality shall have the power to acquire by eminent domain any milldam site, when it shall become necessary, for any public purpose; Provided, no milldam site shall be appropriated by any city, village, or municipality that is in use for water power purposes. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.

Source:Laws 1911, c. 83, § 1, p. 337; R.S.1913, § 4000; C.S.1922, § 3403; C.S.1929, § 56-127; R.S.1943, § 56-127; Laws 1951, c. 101, § 103, p. 495.


56-201. Repealed. Laws 1980, LB 741, § 1.

56-202. Repealed. Laws 1980, LB 741, § 1.

56-203. Repealed. Laws 1980, LB 741, § 1.

56-204. Repealed. Laws 1980, LB 741, § 1.

56-205. Repealed. Laws 1980, LB 741, § 1.

56-206. Repealed. Laws 1980, LB 741, § 1.

56-207. Repealed. Laws 1980, LB 741, § 1.