40A-46. Time for filing answer; failure to answer.
Any person named in and served with a complaint containing a declaration of taking shall have 120 days from the date of service thereof to file answer. Failure to answer within said time shall constitute an admission that the amount deposited is just compensation and shall be a waiver of any further proceeding to determine just compensation; in such event the judge shall enter final judgment in the amount deposited and order disbursement of the money deposited to the owner. Provided, however, at any time prior to the entry of the final judgment the judge may, for good cause shown and after notice to the condemnor extend the time for filing answer for 30 days. (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.