NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION
CHAPTER 1156
HOUSE BILL 1125
AN ACT TO AMEND ARTICLE 9 OF CHAPTER 136 AS THE SAME RELATES TO CONDEMNATION.
The General Assembly of North Carolina do enact:
Section 1. Amend G.S. 136-103, as the same appears in the 1961 Supplement to Replacement Volume 3B, in line 8 of the last paragraph of said Section, by inserting immediately following the word "and" and immediately prior to the word "increase" the word "may".
Sec. 2. Amend G.S. 136-104, as the same appears in the 1961 Supplement to Replacement Volume 3B, in line 5 of the second paragraph immediately following the word "county." and adding the following sentence: "Upon the amending of any complaint and declaration of taking affecting the property taken, the State Highway Commission shall record a supplemental memorandum of action."
Sec. 3. Amend G.S. 136-106, as the same appears in the 1961 Supplement to Replacement Volume 3B, in line 4 of the first paragraph designated (a) by inserting the word "only" immediately following the word "complaint" and immediately prior to the word "praying".
Further amend paragraph (a) of said Section in line 4 by inserting immediately following the word "compensation." and immediately prior to the word "Said", the following sentence: "No answer shall be filed to the declaration of taking and notice of deposit."
Sec. 4. Amend G.S. 136-106(c), as the same appears in the 1961 Supplement to Replacement Volume 3B, in line 1 by striking out the word "sixty (60)" and inserting in lieu thereof the word "ninety (90)".
Further amend subsection (c) in line 4, by changing the period (.) after the word "attorney" to a semicolon (;) and adding thereto the following: "Provided, however, the Commission shall not be required to file a map or plat in less than six (6) months from the date of the filing of the complaint."
Sec. 5. Amend G.S. 136-108, as the same appears in the 1961 Supplement to Replacement Volume 3B, in line 4 by striking out the word "issue" immediately prior to the word "raised" and immediately following the word "any" and inserting in lieu thereof the following words: "and all issues".
Further amend said Section by inserting the words "but not limited to," immediately following the word "including" and immediately prior to the word "if".
Sec. 6. Amend G.S. 136-109(a) as the same appears in the 1961 Supplement to Replacement Volume 3B, by rewriting the entire subsection to read as follows:
"Sec. 136-109. Appointment of Commissioners. (a) Upon request of the owner in the answer, or upon motion filed by either the Highway Commission or the owner within sixty (60) days after the filing of answer, the clerk shall appoint, after the determination of other issues as provided by Section 136-108 of this Chapter, three competent, disinterested freeholders residing in the county to go upon the property and under oath appraise the damage to the land sustained by reason of the taking and report same to the court within a time certain. If no request or motion is made for the appointment of commissioners within the time permitted, the cause shall be transferred to the civil issue docket for trial at term as to the issue of just compensation."
Sec. 7. Amend G.S. 136-110, as the same appears in the 1961 Supplement to Replacement Volume 3B, by adding a second paragraph thereto to read as follows:
"Upon the coming on of the cause for hearing pursuant to G.S. 136-108 or upon the coming on of the cause for trial, the Judge, in order that the material ends of justice may be served, upon his own motion, or upon motion of any of the parties thereto and upon proper showing that the effect of condemnation upon the subject property cannot presently be determined, may, in his discretion, continue the cause until the highway project under which the appropriation occurred is open to traffic, or until such earlier time as, in the opinion of the Judge, the effect of condemnation upon said property may be determined."
Sec. 8. Amend G.S. 136-111, as the same appears in the 1961 Supplement to Replacement Volume 3B, in line 16 of the first paragraph by striking out the word "thirty (30)" immediately following the word "within" and immediately before the word "days", and inserting in lieu thereof the word "sixty (60)".
Further amend the first paragraph of said Section in line 22, by inserting immediately following the word "chapter." and immediately prior to the word "The", the following sentence: "If a taking is admitted, the Commission shall, within ninety (90) days of the filing of the answer to the complaint, file a map or plat of the land taken."
Sec. 9. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 10. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 24th day of June, 1963.