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.
N.C. Gen. Stat. § 40A-47
Determination of issues other than damages
Applied in 16 court decisions — leading case 208 N.C. App. 664 - Mecklenburg County v. Simply Fashion Stores, Ltd. (2010)
Most recently applied in 251 N.C. App. 514 - Wilkie v. City of Boiling Spring Lakes (December 2016)
1981, c. 919, s. 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.