40A-47. Determination of issues other than damages.
The judge, upon motion and 10 days' notice by either the condemnor or the owner, shall, either in or out of session, hear and determine any and all issues raised by the pleadings other than the issue of compensation, including, but not limited to, the condemnor's authority to take, questions of necessary and proper parties, title to the land, interest taken, and area taken. (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.