§ 136-106. Answer, reply and plat. - North Carolina Statutes

§136‑106.  Answer, reply and plat.

(a)        Any person whoseproperty has been taken by the Department of Transportation by the filing of acomplaint and a declaration of taking, may within the time hereinafter setforth file an answer to the complaint only praying for a determination of justcompensation. No answer shall be filed to the declaration of taking and noticeof deposit. Said answer shall, in addition, contain the following:

(1)        Such admissions ordenials of the allegations of the complaint  as are appropriate.

(2)        The names andaddresses of the persons filing said answer, together with a statement as totheir interest in the property taken.

(3)        Such affirmativedefenses or matters as are pertinent to the  action.

(b)        A copy of theanswer shall be served on the Department of Transportation, or such otherprocess agents as may be designated by the Department of Transportation, inRaleigh, provided that failure to serve the answer shall not deprive the answerof its validity. The affirmative allegations of said answer shall be deemeddenied. The Department of Transportation may, however, file a reply within 30days from receipt of a copy of the answer.

(c)        The Department ofTransportation, within 90 days from the receipt of the answer shall file in thecause a plat of the land taken and such additional area as may be necessary toproperly determine the damages, and a copy thereof shall be mailed to theparties or their attorney; provided, however, the Department of Transportationshall not be required to file a map or plat in less than six months from thedate of the filing of the complaint. (1959, c. 1025, s. 2; 1961,c. 1084, s. 4; 1963, c. 1156, ss. 3, 4; 1965, c. 55, s. 15; 1973, c. 507, s. 5;1977, c. 464, ss. 7.1, 28.)