N.C. R. Prac. Super. & Dist. Ct. 5.0

As amended through June 18, 2024

Rule 5.0 - CONDEMNATION CASES

5.1 Condemnation actions brought pursuant to Article 9, Chapter 136, Condemnation, or by a public condemnor 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 JSS with notice of a request for appointment of commissioners.

5.3 If the Commissioner's report is appealed from (and a jury trial demanded) the Clerk and the appealing party shall, within 10 business days, serve the JSS with notice of entry of the appeal and transfer to the superior court civil docket.

5.4 Condemnation actions brought by a private condemnor 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 and the appealing party shall, within 10 business days, serve the JSS 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 December 29, 2023, effective 1/1/2024.