The inhabitants of each county are a body politic and corporate under the name specified in the act creating the county. Under that name they are vested with all the property and rights of property belonging to the corporation; have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold any property and rights of property, real and personal, that may be devised, sold, or in any manner conveyed, dedicated to, or otherwise acquired by the corporation, and from time to time may hold, invest, sell, or dispose of the property and rights of property; may have a common seal and alter and renew it at will; and have and may exercise in conformity with the laws of this State county powers, rights, duties, functions, privileges, and immunities of every name and nature. (1868, c. 20, ss. 1, 2, 3, 8; 1876-7, c. 141, s. 1; Code, ss. 702, 703, 704, 707; Rev., ss. 1309, 1310, 1318; C.S., ss. 1290, 1291, 1297; 1973, c. 822, s. 1; 2011-284, s. 105.)
Notes of Decisions
Cited in
30
cases (
9 in the last 5 years), 1976–2026 · leading case:
Smith v. State, 222 S.E.2d 412 (N.C. 1976).
Smith v. State, 222 S.E.2d 412 (N.C. 1976).
· cites it 3× “Similarly G.S. § 153A-11 (1974) and G.S. § 160-11 (Supp.”
Piland v. Hertford Cnty. Bd. of Commissioners, 539 S.E.2d 669 (N.C. Ct. App. 2000).
· cites it 6× “The Board of Commissioners contends that the amendment could not relate back to the original complaint so as to circumvent the statute of limitations. Because the cause of action against the county was time-barred, the Board of Commissioners argues that the trial court erred in…”
Parker v. Bladen Cnty., 583 F. Supp. 2d 736 (E.D.N.C. 2008).
· cites it 2× “For example, N.C. Gen.Stat. § 153A-11 acknowledges that a county is a legal entity which may be sued.”
Hubbard v. Cnty. of Cumberland, 544 S.E.2d 587 (N.C. Ct. App. 2001).
· cites it 4× “” The Smith Court also noted that under N.C. Gen. Stat. § 153A-11, “counties . . .”
Archer v. Rockingham Cnty., 548 S.E.2d 788 (N.C. Ct. App. 2001).
· cites it 2× “Thus, in this case, and in causes of action on contract arising after the filing date of this opinion, 2 March 1976, the doctrine of sovereign immunity will not be a defense to the State. The State will occupy the same position as any other litigant.”
Denson v. Richmond Cnty., 583 S.E.2d 318 (N.C. Ct. App. 2003).
· cites it 2× “§ 153A-92(a) (2001) (emphasis added). “A county may purchase life insurance or health insurance or both for the benefit of all or any class of county officers and employees as part of their compensation.”
Hill v. Robeson Cnty., NC, 733 F. Supp. 2d 676 (E.D.N.C. 2010).
· cites it 2× ““For example, N.C. Gen.Stat. § 153A-11 acknowledges that a county is a legal entity which may be sued.”
Graham Cnty. Bd. of Elections v. Graham Cnty. Bd. of Commissioners, 712 S.E.2d 372 (N.C. Ct. App. 2011).
· cites it 4× “” N.C. Gen. Stat. § 153A-11 (2009). Counties also “have and may exercise in conformity with the laws of this State county powers, rights, duties, functions, privileges, and immunities of every name and nature.”
Craig v. Cnty. of Chatham, 545 S.E.2d 455 (N.C. Ct. App. 2001).
· cites it 4× “See G.S. § 153A-11 (1999) (granting counties the right to sue and be sued).”
Malloy v. Daniel, 293 S.E.2d 285 (N.C. Ct. App. 1982).
· cites it 2× “Among the corporate powers of a county is the power to “sue and be sued,” G.S. § 153A-11; “[e]xcept as otherwise directed by law, each [such] power .”
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