§ 40A-45. Answer, reply and plat.
§40A‑45. Answer, reply and plat.
(a) Any person whoseproperty has been taken by the condemnor by the filing of a complaintcontaining a declaration of taking, may within the time set forth in G.S. 40A‑46file an answer to the complaint. No answer shall be filed to the declaration oftaking and notice of deposit. Said answer shall contain the following:
(1) Such admissions ordenials of the allegations of the complaint as are appropriate;
(2) The names andaddresses of the persons filing said answer, together with a statement as totheir interest in the property taken;
(3) Such affirmativedefenses or matters as are pertinent to the action; and
(4) A request that therebe a determination of just compensation.
(b) A copy of theanswer shall be served on the condemnor provided that failure to serve theanswer shall not deprive the answer of its validity. The affirmativeallegations of said answer shall be deemed denied. The condemnor may, however,file a reply within 30 days from receipt of a copy of this answer.
(c) The condemnor,within 90 days from the receipt of the answer shall file in the cause a plat ofthe property taken and such additional area as may be necessary to properlydetermine the compensation, and a copy thereof shall be mailed to the partiesor their attorney; provided, however, the condemnor shall not be required tofile a map or plat in less than six months from the date of the filing of thecomplaint. (1981, c. 919, s. 1.)