§ 28B-10. Specific property valued at more than $5,000; summary procedure. - North Carolina Statutes

§28B‑10.  Specific property valued at more than $5,000; summary procedure.

(a)        If the spouse, orthe next of kin if there is no spouse, of any person defined as an absentee inmilitary service under this Chapter shall wish to sell, lease, or mortgage specificproperty having a gross value of five thousand dollars ($5,000) or more ownedby the absentee in military service or in which the absentee has an interest,or take specific action with respect to any interest of the absentee inmilitary service having a gross value of five thousand dollars ($5,000) ormore, such spouse may file a complaint with the superior court for an orderauthorizing the action with respect to such property or interest.

(b)        The complaint shallcontain all of the information called for by G.S. 28B‑2(b) and, inaddition, shall contain a description of the  specific property or interest andthe disposition to be made of it.

(c)        The court shallhear evidence on the question of whether the person alleged to be missing orcaptured is an absentee in military service as defined by G.S. 28B‑1 andon the question of whether the action in question should be authorized. Anyperson interested in such proceedings may intervene with leave of the court.

(d)        The court may inits discretion appoint a guardian ad litem to  represent the alleged absenteein military service at the hearing.

(e)        If, after hearing,the court is satisfied that the person alleged to be an absentee in militaryservice is, in fact, an absentee in military service as defined in G.S. 28B‑1,and that the action is in the best interest of the absentee in military serviceand his dependents, the court shall enter an order appointing the petitioner asreceiver for the purposes of the specific action which is the subject of thecomplaint and authorizing the receiver to take the specific action requested inthe complaint. The court shall require the receiver to account for the proceedsof the specific sale, the specific lease, or other specific action. The courtmay retain jurisdiction of the proceeding to make such further orders as itdeems proper.

(f)         Such order shallbe prima facie evidence of the validity of the proceedings and the authority ofthe petitioner to take the specific action requested.

(g)        Other property ofthe absentee in military service not the specific subject of the complaint isnot affected in any manner by the filing of such complaint as provided for inthis section. (1973, c. 522, s. 10.)