NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION

CHAPTER 382
HOUSE BILL 95

AN ACT TO ALLOW JURY TRIALS IN PUBLIC WORKS EMINENT DOMAIN CASES.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 40-33 is hereby amended by adding a new paragraph as the third paragraph so that G.S. 40-33 will read as follows:
"§ 40-33. Institution of proceedings; venue; immediate hearing; entry upon land by petitioner. — Any federal agency, State public body or authorized corporation may institute proceedings hereunder for the acquisition of any real property necessary for any public works project.
Such proceedings may be instituted in the superior court in any county in which any part of the real property or of the proposed public works project is situate. The clerk of the superior court shall cause said proceedings to be heard and determined without delay. All condemnation proceedings shall be preferred cases, and shall be entitled to precedence over all other civil cases.
Upon demand of any party, trial before the superior court judge shall be with a jury. Demand for jury trial shall be made in accordance with the requirements of the Rules of Civil Procedure, G.S. 1A-1.
The petitioner may enter upon the land proposed to be acquired for the purpose of making a survey and of posting any notice thereon which is required by this article: Provided, that such survey and posting of notice shall be done in such manner as will cause the least possible inconvenience to the owners of the real property."
Sec. 2.  This act shall become effective upon ratification and shall apply to all trials commenced after that date pursuant to G.S. 40-33.
In the General Assembly read three times and ratified, this the 14th day of May, 1971.