North Carolina General Statutes 40A-42. Vesting of title and right of possession; injunction not precluded
(b) When a local public condemnor is acquiring property by condemnation for purposes other than for the purposes listed in subsection (a) above, title to the property taken and the right to possession shall vest in the condemnor pursuant to this subsection. Unless an action for injunctive relief has been initiated, title to the property specified in the complaint, together with the right to immediate possession thereof, shall vest in the condemnor:
(1) Upon the filing of an answer by the owner who requests only that there be a determination of just compensation and who does not challenge the authority of the condemnor to condemn the property; or
Terms Used In North Carolina General Statutes 40A-42
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Condemnation: means the procedure prescribed by law for exercising the power of eminent domain. See North Carolina General Statutes 40A-2
- Condemnor: means those listed in N. See North Carolina General Statutes 40A-2
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Judge: means a resident judge of the superior court in the district where the cause is pending, or special judge residing in said district, or a judge of the superior court assigned to hold the courts of said district or an emergency or special judge holding court in the county where the cause is pending. See North Carolina General Statutes 40A-2
- Owner: includes the plural when appropriate and means any person having an interest or estate in the property. See North Carolina General Statutes 40A-2
- Property: means any right, title, or interest in land, including leases and options to buy or sell. See North Carolina General Statutes 40A-2
(2) Upon the failure of the owner to file an answer within the 120-day time period established by N.C. Gen. Stat. § 40A-46; or
(3) Upon the disbursement of the deposit in accordance with the provisions of N.C. Gen. Stat. § 40A-44
(c) If the property is owned by a private condemnor, the vesting of title in the condemnor and the right to immediate possession of the property shall not become effective until the superior court has rendered final judgment (after any appeals) that the property is not in actual public use or is not necessary to the operation of the business of the owner, as set forth in N.C. Gen. Stat. § 40A-5(b).
(d) If the answer raises any issues other than the issue of compensation, the issues so raised shall be determined under the provisions of N.C. Gen. Stat. § 40A-47
(e) The judge shall enter such orders in the cause as may be required to place the condemnor in possession.
(f) The provisions of this section shall not preclude or otherwise affect any remedy of injunction available to the owner or the condemnor. (1981, c. 919, s. 1; 1989 (Reg. Sess., 1990), c. 871, s. 1; 1998-212, s. 9.10; 2001-36, ss. 2, 3; 2001-239, s. 1; 2001-478, s. 2; 2003-282, s. 2; 2004-203, s. 33; 2009-85, s. 1; 2014-86, s. 2; 2021-14, s. 2.)