§ 40A-28. Exceptions to report; hearing; when title vests; appeal; restitution.
§40A‑28. Exceptions to report; hearing; when title vests; appeal;restitution.
(a) Upon the filing ofthe report, the clerk shall forthwith mail copies to the parties. Within 20days after the filing of the report any party to the proceedings may file exceptionsthereto. The clerk, after notice to the parties, shall hear any exceptions sofiled and may thereafter direct a new appraisal, modify or confirm the report,or make such other orders as the clerk may deem right and proper.
(b) If no exceptionsare filed to the report, and if the clerk's final judgment rendered upon thepetition and proceedings shall be in favor of the condemnor, and upon thedeposit by the condemnor of the sum adjudged, together with all costs allowed,into the office of the clerk of superior court, then, in that event, all ownerswho have been made parties to the proceedings shall be divested of the propertyor interest therein to the extent set forth in the proceedings. A copy of thejudgment, certified under the seal of the court, shall be registered in thecounty or counties where the land is situated, and the original judgment, or acertified copy thereof, or a certified copy of the registered judgment, may begiven in evidence in all actions and proceedings as deeds for property are nowallowed in evidence.
(c) Any party to theproceedings may file exceptions to the clerk's final determination on anyexceptions to the report and may appeal to the judge of superior court havingjurisdiction. Notice of appeal shall be filed within 10 days of the clerk'sfinal determination. Upon appeal the clerk shall transfer the proceedings tothe civil issue docket of the superior court. A judge in session shall hear anddetermine all matters in controversy and, subject to G.S. 40A‑29regarding trial by jury, shall determine any issues of compensation to beawarded in accordance with the provisions of Article 4 of this Chapter.
(d) Notwithstanding thefiling of exceptions by any party to any orders or final determination of theclerk or the filing of a notice of appeal to the superior court, the condemnormay, at the time of the filing of the report of commissioners, deposit with theclerk of superior court in the proceedings the sum appraised by thecommissioners and, in that event, the condemnor may enter, take possession of,and hold said property in the manner and to the extent sought to be acquired bythe proceedings until final judgment is rendered on any appeal.
(e) If, on appeal, thejudge shall refuse to condemn the property, then the money deposited with theclerk of court in the proceedings, or so much thereof as shall be adjudged,shall be refunded to the condemnor and the condemnor shall have no right to theproperty and shall surrender possession of the same, on demand, to the owner.The judge shall have full power and authority to make such orders, judgmentsand decrees as may be necessary to carry into effect the final judgmentrendered in such proceedings, including compensation in accordance with theprovisions of G.S. 40A‑8.
(f) If the amountadjudged to be paid the owner of any property condemned under this Articleshall not be paid within 60 days after final judgment in the proceedings, theright under the judgment to take the property shall ipso facto cease anddetermine, but the claimant under the judgment shall still remain liable forall amounts adjudged against said claimant except the compensation awarded forthe taking of the property.
(g) The provisions ofthis section shall not preclude any injunctive relief otherwise available tothe owner or the condemnor. (Code, s. 1946; 1893, c. 148;Rev., s. 2587; 1915, c. 207; C.S., s. 1723; 1951, c. 59, s. 2; 1955, c. 29, s.1; 1969, c. 44, s. 47; 1971, c. 528, s. 37; 1981, c. 919, s. 1.)