§ 40A-30 – Title of infants, incompetents, inebriates, and trustees without power of sale, acquired.
40A-30. Title of infants, incompetents, inebriates, and trustees without power of sale, acquired. In case any property required by a condemnor shall be vested in any trustee not authorized to sell, release and convey the same, or in any infant, incompetent, or inebriate, the superior court shall have power, by a special proceeding, on petition, […]
§ 40A-31 – Rights of claimants of fund determined.
40A-31. Rights of claimants of fund determined. If there are adverse and conflicting claimants to the money, or any part of it, to be paid as compensation for the property taken, the clerk or the judge on appeal may direct the money to be paid into the court by the condemnor, and may determine who […]
§ 40A-32 – Attorney for unknown parties appointed; pleadings amended; new commissioners appointed.
40A-32. Attorney for unknown parties appointed; pleadings amended; new commissioners appointed. (a) The clerk or the judge on appeal shall appoint some competent attorney to appear for and protect the rights of any party in interest who is unknown or whose residence is unknown, and who has not appeared in the proceedings by an attorney […]
§ 40A-33 – Change of ownership pending proceedings.
40A-33. Change of ownership pending proceedings. When any proceedings under this Article shall have been commenced, no change of ownership by voluntary conveyance or transfer of the property shall in any manner affect such proceedings, but the same may be carried on and perfected as if no such conveyance or transfer had been made or […]
§ 40A-34 – Defective title; how cured.
40A-34. Defective title; how cured. If at any time after an attempt to acquire title under this Article has commenced it shall be found that the title thereby attempted to be acquired is defective, the condemnor may commence new proceedings to acquire or perfect such title in the same manner as if no previous attempt […]
§ 40A-27 – Form of commissioners' report.
40A-27. Form of commissioners’ report. When the commissioners shall have assessed the compensation, they shall forthwith make and subscribe a written report of their proceedings, in substance as follows: To the Clerk of the Superior Court of ____ : We, ____, commissioners appointed by the court to assess the damages that have been and will […]
§ 40A-28 – Exceptions to report; hearing; when title vests; appeal; restitution.
40A-28. Exceptions to report; hearing; when title vests; appeal; restitution. (a) Upon the filing of the report, the clerk shall forthwith mail copies to the parties. Within 20 days after the filing of the report any party to the proceedings may file exceptions thereto. The clerk, after notice to the parties, shall hear any exceptions […]
§ 40A-29 – Provision for jury trial on appeal.
40A-29. Provision for jury trial on appeal. In any proceedings under this Article by a condemnor to acquire property, any party to the proceedings shall be entitled on appeal to superior court to have the amount of compensation determined by a jury unless trial by jury has been waived by all parties. A jury shall […]
§ 40A-19 – Proceedings by private condemnors.
40A-19. Proceedings by private condemnors. Any private condemnor enumerated in G.S. 40A-3(a), possessing by law the right of eminent domain in this State shall have the right to acquire property required for the purposes of its incorporation or for the purposes specified in this Chapter in the manner and by the special proceedings herein prescribed. […]
§ 40A-20 – Petition filed; contents.
40A-20. Petition filed; contents. For the purpose of acquiring property a condemnor listed in G.S. 40A-3(a), or the owner of the property sought to be condemned, may present a petition to the clerk of the superior court of any county in which the real estate described in the petition is situated, praying for the appointment […]