Notwithstanding the provisions of N.C. Gen. Stat. § 40A-42 or N.C. Gen. Stat. § 136-104, title and right to immediate possession of property subject to this Article shall not vest in a condemnor any earlier than any of the following:

(1) The failure of the easement holder to file an answer within the 30-day time period established by N.C. Gen. Stat. § 40A-82(a).

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Terms Used In North Carolina General Statutes 40A-83

  • 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
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • 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) Determination by the court that no prudent or feasible alternative exists to condemnation of the property pursuant to N.C. Gen. Stat. § 40A-82(b).

(3) Filing of the complaint and deposit in actions meeting all of the requirements of N.C. Gen. Stat. § 40A-82(c). (2009-439, s. 1.)

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