Rule 5.0 - CONDEMNATION CASES5.1 Condemnation actions brought pursuant to Article 9, Chapter 136, Condemnation, or by a public condemner pursuant to Chapter 40A, Eminent Domain, shall be presumed ready for trial 180 days after an answer has been filed (unless sooner noticed for trial) or unless commissioners are appointed pursuant to N.C.G.S. § 136-109 prior to that time.5.2 Under this Rule 5, if necessary, counsel for property owners and/or any unrepresented property owner shall provide the TCC with notice of a request for appointment of commissioners via email.5.3 If the Commissioner's report is appealed from (and a jury trial demanded), the Clerk shall within 10 business days, serve the TCC with notice of entry of appear and transfer to the superior court civil docket via email.5.4 Condemnation actions brought by a private condemner pursuant to Chapter 40A, Eminent Domain, shall be presumed ready for trial upon transfer to the superior court docket.5.5 If commissioners are appointed and their report is appealed from (and a jury trial demanded), the Clerk shall within 10 business days, serve the TCC with notice of entry of the appeal and transfer to the superior court civil docket.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 5.0
Adopted August 15, 2022, effective 7/1/2023.