40A-44. Disbursement of deposit.
Where there is no dispute as to title the person named in the complaint may apply to the court for disbursement of the money deposited in the court, or any part thereof, as full compensation, or as a credit against just compensation without prejudice to further proceedings in the cause to determine just compensation. Upon such application, the judge shall order that the money deposited be paid forthwith to the person entitled thereto in accordance with the application. Subject to the provisions of G.S. 40A-68 the judge shall have power to make such orders with respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as shall be just and equitable.
No notice to the condemnor of the hearing upon the application for disbursement of deposit shall be necessary. (1981, c. 919, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 3 - Condemnation by Public Condemnors.
§ 40A-41 - Institution of action and deposit.
§ 40A-42 - Vesting of title and right of possession; injunction not precluded.
§ 40A-43 - Memorandum of action.
§ 40A-44 - Disbursement of deposit.
§ 40A-45 - Answer, reply and plat.
§ 40A-46 - Time for filing answer; failure to answer.
§ 40A-47 - Determination of issues other than damages.
§ 40A-48 - Appointment of commissioners.
§ 40A-49 - No request for commissioners.
§ 40A-50 - Parties, orders; continuances.
§ 40A-51 - Remedy where no declaration of taking filed; recording memorandum of action.
§ 40A-52 - Measure of compensation.
§ 40A-53 - Interest as a part of just compensation.