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Session Laws, 1937
Volume 412, Page 869   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 869

ened or existing, cropping and tillage practices in use, and
other relevant factors, and may provide regulations varying
with the type or class of land affected, but uniform as to all
lands within each class or type. Copies of land-use regu-
lations adopted under the provisions of this section shall be
printed and made available to all occupiers of lands lying with-
in the district.

24. ENFORCEMENT OF LAND-USE REGULATIONS. The super-
visors shall have authority to go upon any lands within the
district to determine whether land-use regulations adopted
under the provisions of Section 23 of this Act are being ob-
served. The supervisors are further authorized to provide
by ordinance that any land occupier who shall sustain damages
from any violation of such regulations by any other land
occupier may recover damages at law from such other land
occupier for such violation.

25. PERFORMANCE OF WORK UNDER THE REGULATIONS BY THE
SUPERVISORS. Where the supervisors of any district shall find
that any of the provisions of land-use regulations prescribed
in an ordinance adopted in accordance with the provisions
of Section 23 hereof are not being observed on particular lands,
and that such non-observance tends to increase erosion on
such lands and is interfering1 with the prevention or control
of erosion on other lands within the district, the supervisors
may present to the Circuit Court of the County within whose
jurisdiction the land occupier resides, a bill in equity, duly
verified, setting forth the adoption of the ordinance prescrib-
ing land-use regulations, the failure of the defendant land
occupier to observe such regulations, and to perform particu-
lar work, operations, or avoidance as required thereby, and
that such non-observance tends to increase erosion on such
lands and is interfering with the prevention or control of
erosion on other lands within the district, and praying the
court to require the defendant to perform the work, operations,
or avoidance within a reasonable time and to order that if the
defendant shall fail so to perform the supervisors may go on
the land, perform the work or other operations or otherwise
bring the conditions of such lands into conformity with the
requirements of such regulations, and recover the costs and
expenses thereof, with interest, from the occupier of such
land. Upon the presentation of such bill in equity the court
shall cause process to be issued against the defendant, and
shall hear the case. If it shall appear to the court that
testimony is necessary for the proper disposition of the mat-
ter, it "may take evidence, or appoint a master to take such
evidence as it may direct and report the same to the court
with his findings of fact and conclusions of law, which shall

 

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Session Laws, 1937
Volume 412, Page 869   View pdf image (33K)
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