The person named in the complaint and declaration of taking may apply to the court for disbursement of the money deposited in the court, or any part thereof, as full compensation, or as a credit against just compensation without prejudice to further proceedings in the cause to determine just compensation. Upon such application, the judge shall, unless there is a dispute as to title, order that the money deposited be paid forthwith to the person entitled thereto in accordance with the application. The judge shall have power to make such orders with respect to encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable.
No notice to the Department of Transportation of the hearing upon the application for disbursement of deposit shall be necessary, but a copy of the order disbursing the deposit shall be served upon the Secretary of Transportation, or such other process agents as may be designated by the Department of Transportation. (1959, c. 1025, s. 2; 1961, c. 1084, s. 3; 1965, c. 55, s. 14; 1969, c. 649; 1973, c. 507, s. 5; 1977, c. 464, ss. 7.1, 26.)
Notes of Decisions
City of Charlotte v. Univ. Fin. Props., LLC, 818 S.E.2d 116 (N.C. Ct. App. 2018).
· cites it 18× “" Defendant contends that N.C. Gen. Stat. § 136-105 (2017) gives the landowner a right to accept the deposit as full compensation and the condemnor has no right to force a landowner to submit its claim to a jury trial.”
State High. Comm'n v. Hemphill, 153 S.E.2d 22 (N.C. 1967).
· cites it 2× “As to the second question presented for decision, appellants contend that their petition, brought under G.S. 136-105 for disbursement of deposit, should be taken as an answer because it stated “That the amount deposited by the plaintiff did not represent just compensation.”
Swenson v. Thibaut, 250 S.E.2d 279 (N.C. Ct. App. 1978).
“G.S. 136-105, as it was in effect at the time of this action, provided that a named defendant in a complaint and declaration of taking could apply to the court for disbursement of money deposited in the court, as a credit against just compensation and without prejudice to…”
Pelham Realty Corp. v. Bd. of Transp., 279 S.E.2d 826 (N.C. 1981).
· cites it 2× “G.S. § 136-105 (1981) In the present case, there is no dispute that the Department has complied with the relevant statutory provisions concerning the procedure that is to be employed in condemnation proceedings.”
Beroth Oil Co. v. N.C. Dep't of Transp., 808 S.E.2d 488 (N.C. Ct. App. 2017).
“Said owner may apply for disbursement of said deposit and disbursement shall be made in accordance with the applicable provisions of G.S. 136-105 of this Chapter. If a taking is admitted, the Department of Transportation shall, within 90 days of the filing of the answer to the…”
Dep't of Transporation v. Ashcroft Dev., LLC, 788 S.E.2d 684 (N.C. Ct. App. 2016).
· cites it 2× “" N.C. Gen.Stat. § 136-105 (2015). Where a defendant contests the DOT's estimate of just compensation, Chapter 136 allows the defendant to file an answer seeking a determination of just compensation.”
Bd. of Transp. v. Greene, 241 S.E.2d 152 (N.C. Ct. App. 1978).
· cites it 4× “Appellants next four assignments of error are directed to the court’s order denying the two G.S. 136-105 motions for disburse *191 ment of funds.”
City of Durham v. Manson, 204 S.E.2d 41 (N.C. Ct. App. 1974).
“See G.S. 136-105 et seq. The other constitutional question to be discussed is whether the local act under discussion is prohibited by Article II, Section 24, of the North Carolina Constitution.”
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