(a) Any person whose property has been taken by the Department of Transportation by the filing of a complaint and a declaration of taking, may within the time hereinafter set forth file an answer to the complaint only praying for a determination of just compensation. No answer shall be filed to the declaration of taking and notice of deposit. Said answer shall, in addition, contain the following:
(1) Such admissions or denials of the allegations of the complaint as are appropriate.
(2) The names and addresses of the persons filing said answer, together with a statement as to their interest in the property taken.
(3) Such affirmative defenses or matters as are pertinent to the action.
(b) A copy of the answer shall be served on the Department of Transportation, or such other process agents as may be designated by the Department of Transportation, in Raleigh, provided that failure to serve the answer shall not deprive the answer of its validity. The affirmative allegations of said answer shall be deemed denied. The Department of Transportation may, however, file a reply within 30 days from receipt of a copy of the answer.
(c) The Department of Transportation, within 90 days from the receipt of the answer shall file in the cause a plat of the land taken and such additional area as may be necessary to properly determine the damages, and a copy thereof shall be mailed to the parties or their attorney; provided, however, the Department of Transportation shall not be required to file a map or plat in less than six months from the date of the filing of the complaint. (1959, c. 1025, s. 2; 1961, c. 1084, s. 4; 1963, c. 1156, ss. 3, 4; 1965, c. 55, s. 15; 1973, c. 507, s. 5; 1977, c. 464, ss. 7.1, 28.)
Notes of Decisions
State High. Comm'n v. Thornton, 156 S.E.2d 248 (N.C. 1967).
· cites it 6× “The statutory procedure, established by the State, for actions such as the present, includes these provisions: G.S. § 136-106: "Any person whose property has been taken by the Highway Commission by the filing of a complaint and a declaration of taking, may within the time…”
City of Wilson v. Batten Fam., L.L.C., 740 S.E.2d 487 (N.C. Ct. App. 2013).
· cites it 4× “” N.C. Gen. Stat. § 136-103 (2011). The landowner may then file an answer “praying for a determination of just compensation.”
State High. Comm'n v. Hemphill, 153 S.E.2d 22 (N.C. 1967).
“We hold that the petition filed by appellants on 8 June 1965 is not sufficient to be taken as an answer within the meaning of G.S. 136-106 and 136-107. The order entered by the trial court is Affirmed.”
City of Charlotte v. Univ. Fin. Props., LLC, 818 S.E.2d 116 (N.C. Ct. App. 2018).
· cites it 4× “N.C. Gen. Stat. § 136-106 (2017). The defendant in a condemnation proceeding-the property owner-is in the position of the plaintiff in other types of civil claims.”
Sanders v. N.C. Dep't of Transp. (N.C. 2025).
· cites it 22× “If the property owner disagrees with NCDOT’s estimate of just compensation, he may file an answer to the complaint pursuant to N.C.G.S. § 136-106. The owner has twelve months after being served with the complaint and declaration to file such an answer.”
Dep't of Transp. v. Riddle, 775 S.E.2d 36 (N.C. Ct. App. 2015).
· cites it 3× “Defendants filed a motion in the cause on 7 March 2014, alleging that the maps filed by DOT "do not accurately depict the tract of land subject to DOT's takings, nor do they make any attempt to show the 'additional area' contemplated by N.C.G.S. § 136-106(c) as being necessary…”
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. § 136-106 (2015). When a defendant fails to file an answer, he admits the amount deposited by the DOT is just compensation for the taking and a judge shall enter final judgment in the amount deposited.”
Dep't of Transp. v. Mountain Vills. (N.C. Ct. App. 2022).
· cites it 5× “The description of the “area taken” in Exhibit B and the “Court Map” of the subject property, generated pursuant to N.C. Gen. Stat. § 136-106 , compiled on November 9, 2015, and filed with the Jackson County Clerk of Court on May 11, 2017, do[es] not include a description or any…”
Dep't of Transp. v. Mountain Vills. (N.C. Ct. App. 2022).
· cites it 5× “The description of the “area taken” in Exhibit B and the “Court Map” of the subject property, generated pursuant to N.C. Gen. Stat. § 136-106 , compiled on November 9, 2015, and filed with the Jackson County Clerk of Court on May 11, 2017, do[es] not include a description or any…”
— N.C. Gen. Stat. § 136-106(a) — 4 cases
Sanders v. N.C. Dep't of Transp. (N.C. 2025).
“If the property owner disagrees with NCDOT’s estimate of just compensation, he may file an answer to the complaint pursuant to N.C.G.S. § 136-106. The owner has twelve months after being served with the complaint and declaration to file such an answer.”
— N.C. Gen. Stat. § 136-106(c) — 1 case
Dep't of Transp. v. Riddle, 775 S.E.2d 36 (N.C. Ct. App. 2015).
“Defendants filed a motion in the cause on 7 March 2014, alleging that the maps filed by DOT "do not accurately depict the tract of land subject to DOT's takings, nor do they make any attempt to show the 'additional area' contemplated by N.C.G.S. § 136-106(c) as being necessary…”
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