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

N.C. Gen. Stat. § 136-117 (2026)

Payment of compensation

✓ current as of July 2026
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If there are adverse and conflicting claimants to the deposit made into the court by the Department of Transportation or the additional amount determined as just compensation, on which final judgment is entered in said action, the judge may direct the full amount determined to be paid into said court by the Department of Transportation and may retain said cause for determination of who is entitled to said moneys and may by further order in the cause direct to whom the same shall be paid and may in its discretion order a reference to ascertain the facts on which such determination and order are to be made. (1959, c. 1025, s. 2; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)

 

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1971–2024 · leading case: State High. Comm'n v. Cape, 270 S.E.2d 555 (N.C. Ct. App. 1980).
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State High. Comm'n v. Cape, 270 S.E.2d 555 (N.C. Ct. App. 1980). · cites it 2× “The State cites G.S. 136-117 as support for its position that the judge could order the total compensation paid into court, “retain[ing] said cause for determination of who is entitled to said moneys .”
City of Charlotte v. Charlotte Park & Rec. Comm'n, 178 S.E.2d 601 (N.C. 1971). “In condemnation proceedings, where there are several separately owned interests in the condemned property, a proper method for determining compensation to be paid the holder of each interest is, first, to determine the value of the property taken, as a whole, and then apportion…”
Dep't of Transp. v. Bloomsbury Ests., LLC (N.C. 2024). · cites it 24× “After the trial court resolves any issues related to the title of or interests in the property that was taken, then, under N.C.G.S. § 136-117, the trial court may determine how the settlement should be distributed: If there are adverse and conflicting claimants to the deposit…”
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