§ 40A-34. Defective title; how cured. - North Carolina Statutes

§40A‑34.  Defective title; how cured.

If at any time after anattempt to acquire title under this Article has commenced it shall be foundthat the title thereby attempted to be acquired is defective, the condemnor maycommence new  proceedings to acquire or perfect such title in the same manneras if  no previous attempt had been commenced. At any stage in the newproceedings the court may authorize the condemnor, if in possession, tocontinue in possession, and if not in possession, to take possession and usethe property during the pendency and until the final conclusion of the newproceedings. If the condemnor pays into court a sum determined by the court tobe adequate compensation for the property, the court, in its discretion, maystay all actions or proceedings against the condemnor for its possession. Inevery such case the party interested in the property may conduct theproceedings to a conclusion if the condemnor delays or omits to prosecute thesame. (1871‑2, c. 138, s. 23; Code, s. 1951; Rev., s.2595; C.S., s. 1731; 1981, c. 919, s. 1.)