NC General Statutes

N.C. Gen. Stat. § 19-7 (2026)

How order of abatement may be canceled

✓ current as of July 2026
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If the owner appears and pays all cost of the proceeding and files a bond, with sureties to be approved by the clerk, in the full value of the property, to be ascertained by the court, or, in vacation, by the clerk of the superior court, conditioned that he will immediately abate said nuisance, and prevent the same from being established or kept within a period of one year thereafter, the court may, if satisfied of his good faith, order the premises closed under the order of abatement to be delivered to said owner, and said order of abatement canceled so far as same may relate to said property; and if the proceeding be a civil action, and said bond be given and costs therein paid before judgment and order of abatement, the action shall be thereby abated as to said building only. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law. (Pub. Loc. 1913, c. 761, s. 31; 1919, c. 288; C.S., s. 3186.)

 

Notes of Decisions
Cited in 1 case, 1954–1954 · leading case: North Carolina Ex Rel. Taylor v. Carolina Racing Ass'n, 84 S.E.2d 390 (N.C. 1954).
North Carolina Ex Rel. Taylor v. Carolina Racing Ass'n, 84 S.E.2d 390 (N.C. 1954). “G.S. 19-7. In tbe absence of such cancellation, tbe personal property seized by tbe sheriff is to be sold as in case of a sale under execution, tbe proceeds therefrom *86 applied in payment of tbe costs of action and abatement, and the balance, if any, paid to the owner.”
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