August 18, 1994
Will R. Crocker Clerk of Superior Court-Johnston County Johnston County Courthouse
P.O. Box 297 Smithfield, N.C. 27577-0297
RE: Advisory Opinion: Johnston County Drainage District #1-Moccasin Creek Watershed; Dissolution of Districts under G.S. 156-54 et seq.
Dear Mr. Crocker,
We have received your request for an advisory opinion regarding the above referenced drainage district. If we understand your question, you wish to know how to dissolve a drainage district which has already served its purpose. Please find attached a copy of your written request.
Chapter 156 of the North Carolina General Statutes allows landowners to petition the Clerk of Court to create a drainage district. See G.S. 156-56 et seq.. It is our opinion that there is no statutory authority for the clerk or local landowners to dissolve a drainage district after its creation. Once properly created, a drainage district becomes a quasi-public corporation. Articles VII and VIII of the North Carolina Constitution give the General Assembly complete authority to create, control and dissolve public and quasi-public corporations. See State ex rel. East Lenoir Sanitary Dist. v. Lenoir, 249 N.C. 96, 105 S.E.2d 411 (1958). Article VIII of the North Carolina Constitution gives the General Assembly the power to dissolve all types of corporations. See Ward v. Elizabeth City, 121 N.C. 1, 27 S.E. 993 (1897). In the absence of legislative authority in the drainage districts law, a special or local act abolishing this particular drainage district appears proper. It is our opinion that either an amendment to the drainage districts law or a special act is necessary in order to dissolve this drainage district.
Daniel C. Oakley Senior Deputy Attorney General
James P. Longest, Jr.
Associate Attorney General