North Carolina General Statutes
Article 2 - Partition of Real Property.
§ 46A-82 - Sale of real property required for public purposes on cotenant's petition.

46A-82. Sale of real property required for public purposes on cotenant's petition.
When the real property of tenants in common or joint tenants is required for public purposes, one or more cotenants, or the cotenant's guardian of the estate or general guardian, may file a petition verified by oath in the superior court of the county where the property or any part of the property is located, setting forth in the petition that the property is required for public purposes and that the cotenants' interests would be promoted by a sale of the property. If all necessary parties are before the court and the court finds the facts alleged in the petition to be true, the court shall order a sale of the property, or as much of it as may be necessary. Attorneys' fees shall be assessed in accordance with G.S. 46A-3. Mediator fees and costs of mediation shall be assessed in accordance with G.S. 7A-38.3B. Other costs and expenses shall be assessed in accordance with G.S. 6-21. (1868-9, c. 122, s. 16; Code, s. 1907; Rev., s. 2518; C.S., s. 3238; 1949, c. 719, s. 2; 2005-67, s. 4; 2020-23, ss. 2(ee), 3.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 46A - Partition

Article 2 - Partition of Real Property.

§ 46A-20 - Venue in partition.

§ 46A-21 - Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses.

§ 46A-22 - Unknown or unlocatable parties; summons, notice, and representation.

§ 46A-23 - Petition by judgment creditor of cotenant.

§ 46A-24 - Surface and oil, gas, or mineral interests in separate owners; partitions distinct.

§ 46A-25 - Partition of real property subject to a contingent future interest; requirements.

§ 46A-26 - Methods of partition.

§ 46A-27 - Carrying costs, including property taxes; improvements; right to contribution.

§ 46A-28 - Court's authority to make orders before final determination of proceeding; notice and hearing.

§ 46A-29 - Mediation.

§ 46A-50 - Commissioners appointed; compensation; oath; delay or neglect.

§ 46A-51 - Commissioners to inspect and partition real property; apportioning shares; charging owelty on shares of disproportionately greater value.

§ 46A-52 - Partition where cotenants unknown or title disputed.

§ 46A-53 - Apportionment of shares in common.

§ 46A-54 - Dedication of streets.

§ 46A-55 - Report of commissioners; contents; filing and service; extension; map.

§ 46A-56 - Confirmation of report; appeal; motion for relief.

§ 46A-57 - Report and confirmation enrolled and registered; effect.

§ 46A-58 - Clerk to docket owelty.

§ 46A-59 - Order for possession.

§ 46A-75 - Sale in lieu of actual partition.

§ 46A-76 - Sale procedure.

§ 46A-77 - Cotenant credit.

§ 46A-78 - Partition sale of real property subject to a life estate.

§ 46A-79 - Partition sale of remainder or reversionary interest of real property.

§ 46A-80 - Sale of standing timber; valuation of life estate.

§ 46A-81 - Sale of oil, gas, or mineral interests.

§ 46A-82 - Sale of real property required for public purposes on cotenant's petition.

§ 46A-83 - Petition for revocation of confirmation order.

§ 46A-84 - Petition for revocation based on inadequate price.

§ 46A-84.5 - Petition for revocation based on default bid.

§ 46A-85 - Order becoming final; appeal; purchase of property.

§ 46A-86 - Sale proceeds belonging to certain parties.