136-108. Determination of issues other than damages.
After the filing of the plat, the judge, upon motion and 10 days' notice by either the Department of Transportation or the owner, shall, either in or out of term, hear and determine any and all issues raised by the pleadings other than the issue of damages, including, but not limited to, if controverted, questions of necessary and proper parties, title to the land, interest taken, and area taken. (1959, c. 1025, s. 2; 1963, c. 1156, s. 5; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 136-103 - Institution of action and deposit.
§ 136-106 - Answer, reply and plat.
§ 136-107 - Time for filing answer.
§ 136-108 - Determination of issues other than damages.
§ 136-109 - Appointment of commissioners.
§ 136-110 - Parties; orders; continuances.
§ 136-111 - Remedy where no declaration of taking filed; recording memorandum of action.
§ 136-112 - Measure of damages.
§ 136-113 - Interest as a part of just compensation.
§ 136-117 - Payment of compensation.
§ 136-118 - Agreements for entry.
§ 136-120 - Entry for surveys.
§ 136-121 - Refund of deposit.
§ 136-121.1 - Reimbursement of owner for taxes paid on condemned property.