§ 40A-47 – Determination of issues other than damages.
40A-47. Determination of issues other than damages. The judge, upon motion and 10 days’ notice by either the condemnor or the owner, shall, either in or out of session, hear and determine any and all issues raised by the pleadings other than the issue of compensation, including, but not limited to, the condemnor’s authority to […]
§ 40A-48 – Appointment of commissioners.
40A-48. Appointment of commissioners. (a) A request to the clerk for the appointment of commissioners to determine compensation for the taking may be made in the answer of the owner, or may be made by motion of either the owner or the condemnor within 60 days after the filing of the answer. After the determination […]
§ 40A-49 – No request for commissioners.
40A-49. No request for commissioners. After the determination of other issues as provided by G.S. 40A-47, if no request has been made for the appointment of commissioners within the time permitted by G.S. 40A-48(a), the cause shall be transferred to the civil issue docket for trial as to the issue of just compensation. (1981, c. […]
§ 40A-50 – Parties, orders; continuances.
40A-50. Parties, orders; continuances. The judge shall appoint an attorney to appear for and protect the rights of any party or parties in interest who are unknown, or whose residence is unknown and who has not appeared in the proceeding by an attorney or agent. The State Treasurer as custodian of the Escheat Fund shall […]
§ 40A-51 – Remedy where no declaration of taking filed; recording memorandum of action.
40A-51. Remedy where no declaration of taking filed; recording memorandum of action. (a) If property has been taken by an act or omission of a condemnor listed in G.S. 40A-3(b) or (c) and no complaint containing a declaration of taking has been filed the owner of the property, may initiate an action to seek compensation […]
§ 40A-40 – Notice of action.
40A-40. Notice of action. (a) Not less than 30 days prior to the filing of a complaint under the provisions of G.S. 40A-41, a public condemnor listed in G.S. 40A-3(b) or (c) shall provide notice to each owner (whose name and address can be ascertained by reasonable diligence) of its intent to institute an action […]
§ 40A-41 – Institution of action and deposit.
40A-41. Institution of action and deposit. A public condemnor listed in G.S. 40A-3(b) or (c) shall institute a civil action to condemn property by filing in the superior court of any county in which the land is located a complaint containing a declaration of taking declaring that property therein is thereby taken for the use […]