§ 40A-42. Vesting of title and right of possession; injunction not precluded. - North Carolina Statutes

§ 40A‑42.  Vesting oftitle and right of possession; injunction not precluded.

(a)        (1)        StandardProvision. – When a local public condemnor is acquiring property bycondemnation for a purpose set out in G.S. 40A‑3(b)(1), (4) or (7), orwhen a city is acquiring property for a purpose set out in G.S. 160A‑311(1),(2), (3), (4), (6), or (7), or when a county is acquiring property for apurpose set out in G.S. 153A‑274(1), (2) or (3), or when a local board ofeducation or any combination of local boards of education is acquiring propertyfor any purpose set forth in G.S. 115C‑517, or when a condemnor isacquiring property by condemnation as authorized by G.S. 40A‑3(c)(1),(8), (9), (10), (12), or (13) title to the property and the right to immediatepossession shall vest pursuant to this subsection. Unless an action forinjunctive relief has been initiated, title to the property specified in thecomplaint, together with the right to immediate possession thereof, shall vestin the condemnor upon the filing of the complaint and the making of the depositin accordance with G.S. 40A‑41.

(2)        Modified Provisionfor Certain Localities. – When a local public condemnor is acquiring propertyby condemnation for a purpose set out in G.S. 40A‑3(b1)(1), (4), (7),(10), or (11), or when a city is acquiring property for a purpose set out inG.S. 160A‑311(1), (2), (3), (4), (6), or (7), or when a county isacquiring property for a purpose set out in G.S. 153A‑274(1), (2) or (3),or when a local board of education or any combination of local boards ofeducation is acquiring property for any purpose set forth in G.S. 115C‑517,or when a condemnor is acquiring property by condemnation as authorized by G.S.40A‑3(c)(8), (9), (10), (12), or (13) title to the property and the rightto immediate possession shall vest pursuant to this subsection. Unless anaction for injunctive relief has been initiated, title to the propertyspecified in the complaint, together with the right to immediate possessionthereof, shall vest in the condemnor upon the filing of the complaint and themaking of the deposit in accordance with G.S. 40A‑41.

Thissubdivision applies only to Carteret and Dare Counties, the Towns of AtlanticBeach, Carolina Beach, Caswell Beach, Emerald Isle, Holden Beach, Indian Beach,Kill Devil Hills, Kitty Hawk, Kure Beach, Nags Head, North Topsail Beach, OakIsland, Ocean Isle Beach, Pine Knoll Shores, Sunset Beach, Surf City, TopsailBeach, and Wrightsville Beach, and the Village of Bald Head Island.

(b)        When a local publiccondemnor is acquiring property by condemnation for purposes other than for thepurposes listed in subsection (a) above, title to the property taken and theright to possession shall vest in the condemnor pursuant to this subsection.Unless an action for injunctive relief has been initiated, title to theproperty specified in the complaint, together with the right to immediatepossession thereof, shall vest in the condemnor:

(1)        Upon the filing ofan answer by the owner who requests only that there be a determination of justcompensation and who does not challenge the authority of the condemnor tocondemn the property; or

(2)        Upon the failure ofthe owner to file an answer within the 120‑day time period established byG.S. 40A‑46; or

(3)        Upon thedisbursement of the deposit in accordance with the provisions of G.S. 40A‑44.

(c)        If the property isowned by a private condemnor, the vesting of title in the condemnor and theright to immediate possession of the property shall not become effective untilthe superior court has rendered final judgment (after any appeals) that theproperty is not in actual public use or is not necessary to the operation ofthe business of the owner, as set forth in G.S. 40A‑5(b).

(d)        If the answerraises any issues other than the issue of compensation, the issues so raisedshall be determined under the provisions of G.S. 40A‑47.

(e)        The judge shallenter such orders in the cause as may be required to place the condemnor inpossession.

(f)         The provisions ofthis section shall not preclude or otherwise affect any remedy of injunctionavailable to the owner or the condemnor.  (1981, c. 919, s. 1; 1989 (Reg. Sess., 1990), c. 871,s. 1; 1998‑212, s. 9.10; 2001‑36, ss. 2, 3; 2001‑239, s. 1;2001‑478, s. 2; 2003‑282, s. 2; 2004‑203, s. 33; 2009‑85,s. 1.)