§ 136-108. Determination of issues other than damages.
§136‑108. Determination of issues other than damages.
After the filing of the plat,the judge, upon motion and 10 days' notice by either the Department ofTransportation or the owner, shall, either in or out of term, hear anddetermine any and all issues raised by the pleadings other than the issue ofdamages, including, but not limited to, if controverted, questions of necessaryand proper parties, title to the land, interest taken, and area taken. (1959,c. 1025, s. 2; 1963, c. 1156, s. 5; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)