NC General Statutes
N.C. Gen. Stat. § 136-108 (2026)
Determination of issues other than damages
✓ current as of July 2026
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After the filing of the plat, the judge, upon motion and 10 days' notice by either the Department of Transportation or the owner, shall, either in or out of term, hear and determine any and all issues raised by the pleadings other than the issue of damages, including, but not limited to, if controverted, questions of necessary and proper parties, title to the land, interest taken, and area taken. (1959, c. 1025, s. 2; 1963, c. 1156, s. 5; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)
Notes of Decisions
Cited in 81
cases (15 in the last 5 years), 1963–2025 · leading case: City of Wilson v. Batten Fam., L.L.C., 740 S.E.2d 487 (N.C. Ct. App. 2013).
City of Wilson v. Batten Fam., L.L.C., 740 S.E.2d 487 (N.C. Ct. App. 2013). “2 Plaintiff filed a “Motion for Determination of All Issues Other Than Damages,” pursuant to N.C. Gen. Stat. § 136-108 , on 26 February 2010.”
Dep't of Transp. v. Rowe, 521 S.E.2d 707 (N.C. 1999). “A pretrial hearing was conducted pursuant to N.C.G.S. § 136-108 to settle issues arising from the pleadings other than the amount of damages.”
Dep't of Transp. v. Blue, 556 S.E.2d 609 (N.C. Ct. App. 2001). “The North Carolina Department of Transportation (“NCDOT”) and Mack Blue, Brenda Blue, and Pierce Irby (collectively, “defendants”) each appeal from the trial court’s orders denying NCDOT’s motion to strike defendants’ second defense, granting NCDOT’s motion to dismiss…”
Dep't of Transp. v. Byerly, 573 S.E.2d 522 (N.C. Ct. App. 2002). “Pursuant to N.C. Gen.Stat. § 136-108, upon motion, the trial court in a condemnation proceeding is to "hear and determine any and all issues raised by the pleadings other than the issue of damages .”
Dep't of Transp. v. Adams Outdoor Adver. of Charlotte Ltd., 785 S.E.2d 151 (N.C. Ct. App. 2016). “Both parties filed motions for a "Section 108 hearing," pursuant to N.C. Gen.Stat. § 136-108, to hear all matters raised by the pleadings, except the issue of damages.”
Dep't of Transp. v. Adams Outdoor Advert. of Charlotte Ltd. P'ship, 804 S.E.2d 486 (N.C. 2017). “” N.C.G.S. § 136-108 (2015). -4- DEP’T OF TRANSP.”
Beroth Oil Co. v. N.C. Dep't of Transp., 808 S.E.2d 488 (N.C. Ct. App. 2017). “N.C. Gen. Stat. § 136-108 (2015) (emphasis added).”
Dep't of Transp. v. Webster, 751 S.E.2d 220 (N.C. Ct. App. 2013). “In its order entered 8 August 2012, in a sub-section entitled “Hearing Pursuant to N.C. Gen. Stat. § 136-108 ,” the trial court stated the following: 17.”
North Carolina Dep't of Transp. v. Stagecoach Vill., 601 S.E.2d 279 (N.C. Ct. App. 2004). “Section 136-108 provides as follows: After the filing of the plat, the judge, upon motion and 10 days’ notice by either the Department of Transportation or the owner, shall, either in or out of term, hear and determine any and all issues raised by the pleadings other than the…”
North Carolina State High. Com'n v. Nuckles, 155 S.E.2d 772 (N.C. 1967). “With reference to (1), G.S. § 136-108 provides: "Determination of issues other than damages.”
Dep't of Transp. v. Overton, 433 S.E.2d 471 (N.C. Ct. App. 1993). “At a hearing held pursuant to N.C.G.S. § 136-108, the trial court dismissed CSX’s defenses and objections for insufficient evidence under Rule 41 of the North Carolina Rules of Civil Procedure.”
Dep't of Transp. v. Airlie Park, Inc., 576 S.E.2d 341 (N.C. Ct. App. 2003). “Section 136-108 of the North Carolina General Statutes requires parties to a condemnation proceeding to resolve all issues other than damages at a hearing as follows: After the filing of the plat, the judge, upon motion and 10 days’ notice by either the Department of…”
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