N.C. Gen. Stat. » Chapter 136
NC General Statutes

N.C. Gen. Stat. § 136-114 (2026)

Additional rules

✓ current as of July 2026
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In all cases of procedure under this Article where the mode or manner of conducting the action is not expressly provided for in this Article or by the statute governing civil procedure or where said civil procedure statutes are inapplicable the judge before whom such proceeding may be pending shall have the power to make all the necessary orders and rules of procedure necessary to carry into effect the object and intent of this Chapter and the practice in such cases shall conform as near as may be to the practice in other civil actions in said courts. (1959, c. 1025, s. 2.)

 

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1972–2025 · leading case: City of Charlotte v. McNeely, 190 S.E.2d 179 (N.C. 1972).
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City of Charlotte v. McNeely, 190 S.E.2d 179 (N.C. 1972). “2 (1969) ; G.S. 136-114, G.S. 136-119 (1964); G.S. 40-19 (1966) — have no application to this proceeding.”
City of Charlotte v. Univ. Fin. Props., LLC, 818 S.E.2d 116 (N.C. Ct. App. 2018). · cites it 4× “The Rules of Civil Procedure apply to condemnation cases, but where Article 9 makes specific provisions for the "mode or manner" of the action, the specific provisions of Article 9 are controlling: *148 In all cases of procedure under this Article where the mode or manner of…”
Dep't of Transp. v. Stimpson, 813 S.E.2d 634 (N.C. Ct. App. 2018). · cites it 25× “N.C. Gen. Stat. § 136-114 (2017) (emphasis added).”
Dep't of Transporation v. Ashcroft Dev., LLC, 788 S.E.2d 684 (N.C. Ct. App. 2016). · cites it 2× “s the trial judge with power to make necessary orders to carry into effect the intent of Chapter 136 by providing: In all cases of procedure under this Article where the mode or manner of conducting the action is not expressly provided for in this Article or by the statute…”
Chappell v. N.C. Dep't of Transp. (N.C. 2020). · cites it 6× “N.C.G.S. § 136-114 (2019). The procedure to follow when the NCDOT seeks to acquire fee simple rights to property within a Map Act corridor that is already the subject of a pending inverse condemnation action is not specified in Chapter 136.”
Chappell v. N.C. Dep't of Transp. (N.C. 2020). · cites it 6× “N.C.G.S. § 136-114 (2019). The procedure to follow when the NCDOT seeks to acquire fee simple rights to property within a Map Act corridor that is already the subject of a pending inverse condemnation action is not specified in Chapter 136.”
Town of Apex v. Rubin (N.C. 2025). · cites it 3× “The trial court exercised its authority under N.C.G.S. § 136-114 to stay all proceedings in both cases and ordered mediation.”
Town of Apex v. Rubin (N.C. 2025). · cites it 3× “The trial court exercised its authority under N.C.G.S. § 136-114 to stay all proceedings in both cases and ordered mediation.”
Town of Apex v. Rubin (N.C. Ct. App. 2021). · cites it 2× “Rubin sought this relief under several theories, including: (1) N.C. Gen. Stat. § 136-114 (2019), which gives trial courts in direct condemnation actions “the power to make all the necessary orders and rules of procedure necessary to carry into effect the object and intent of…”
Town of Apex v. Rubin (N.C. Ct. App. 2021). · cites it 2× “Rubin sought this relief under several theories, including: (1) N.C. Gen. Stat. § 136-114 (2019), which gives trial courts in direct condemnation actions “the power to make all the necessary orders and rules of procedure necessary to carry into effect the object and intent of…”
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