§ 40A-48. Appointment of commissioners. - North Carolina Statutes

§40A‑48.  Appointment of commissioners.

(a)        A request to theclerk for the appointment of commissioners to determine compensation for thetaking may be made in the answer of the owner, or may be made by motion ofeither the owner or the condemnor within 60 days after the filing of theanswer. After the determination of other issues as provided by G.S. 40A‑47,the clerk shall appoint three competent, disinterested persons residing in thecounty to serve as commissioners. The commissioners shall be sworn and shall goupon the land to appraise the compensation for the property taken and reporttheir findings to the court within a time certain. Each commissioner shall be aperson who has no right, title,  or interest in or to the property beingcondemned, is not related within the third degree to the owner or to the spouseof the owner, is not an officer, employee, or agent of the condemnor, and isdisinterested in the rights of the parties in every way.

(b)        The commissionersshall have the power to inspect the property, hold hearings, swear witnesses,and take evidence as they may, in their discretion, deem necessary, and shallfile with the court a report of their determination of the damages sustained.

(c)        The report ofcommissioners shall be in writing and in a form substantially as follows:

TO THE SUPERIOR COURT OF ________COUNTY

We, ______and ______Commissioners appointed by the Court to assess the compensation to be awardedto______, the owner of property interest in certain land lying in ________County, North Carolina, which has been taken by the ______ (condemnor), forpublic purposes, do hereby certify that we convened, and, having first beenduly sworn, visited the premises, and took such evidence as was presented tous, and after taking into full consideration the quality and quantity of theland and all other facts which reasonably affect its fair market value at thetime of the taking, we have determined the fair market value of the propertytaken to be the sum of $____ and the compensation for the damage to theremainder of the land of the owner by reason of the taking to be the sum of$______ (if applicable). GIVEN under our hands, this the ____ day of______,_____

_________(SEAL)

_________(SEAL)

_________ (SEAL)

(d)        A copy of thereport shall at the time of filing be mailed certified or registered mail bythe clerk to each of the parties or to their counsel of record. Within 30 daysafter the mailing of the report, either the condemnor or the owner, may exceptthereto and demand a trial de novo by a jury as to the issue of compensation.Upon the receipt of such demand the action shall be placed on the civil issuedocket of the superior court for trial de novo by a jury as to the issue ofcompensation, provided, that upon agreement of both parties trial by jury maybe waived and the issue determined by the judge. The report of commissionersshall not be competent as evidence upon the trial of the issue of compensationin the superior court, nor shall evidence of the deposit by the condemnor intothe court be competent upon the trial of the issue of compensation. If noexception to the report of commissioners is filed within the time prescribed,final judgment shall be entered by the judge upon a determination and findingby him that the report of commissioners plus interest computed in accordancewith G.S. 40A‑53 of this Chapter, awards to the property owners justcompensation. In the event that the judge is of the opinion and, in hisdiscretion, determines that the award does not provide just compensation, heshall set aside the award and order the case placed on the civil issue docketfor determination of the issue of compensation by a jury. (1981,c. 919, s. 1; 1999‑456, s. 59.)