On presenting such petition to the clerk of superior court, with proof of service of a copy thereof, and of the summons, all or any of the persons whose estates or interests are to be affected by the proceedings may answer such petition and show cause against granting the prayer of the same. The clerk shall hear the proofs and allegations of the parties, and if no sufficient cause is shown against granting the prayer of the petition, shall make an order for the appointment of three commissioners and shall fix the time and place for the first meeting of the commissioners. Each commissioner shall be a resident of the county wherein the property being condemned lies who has no right, title, or interest in or to the property condemned, is not related within the third degree to the owner or to the spouse of the owner, is not an officer, employee or agent of the condemnor, and is disinterested in the rights of the parties in every way. (1871-2, c. 138, s. 15; Code, s. 1945; Rev., s. 2584; C.S., s. 1720; 1981, c. 919, s. 1.)
Notes of Decisions
Progress Energy Carolinas, Inc. v. Strickland, 640 S.E.2d 856 (N.C. Ct. App. 2007).
· cites it 38× “The clerk shall hear the proofs and allegations of the parties, and if no sufficient cause is shown against granting the prayer of the petition, shall make an order for the appointment of three commissioners.”
Transcontinental Gas Pipe Line Corp. v. Calco Enter., 511 S.E.2d 671 (N.C. Ct. App. 1999).
· cites it 8× “N.C. Gen.Stat. § 40A-25 (1984). If our legislature had intended to give a diminished status to month-to-month tenancies, it could have expressly done so.”
Rutherford Elec. Membership Corp. v. 130 of Chatham, LLC, 763 S.E.2d 296 (N.C. Ct. App. 2014).
· cites it 4× “The Rutherford County Clerk of Court appointed three citizens of Rutherford County as commissioners to appraise and determine the *88 value of just compensation for the tract at issue pursuant to N.C. Gen. Stat. § 40A-25 (2013). A hearing date of 28 May 2013 was also set in the…”
Hancock v. Tenery, 505 S.E.2d 315 (N.C. Ct. App. 1998).
· cites it 4× “In accordance therewith, N.C. Gen. Stat. § 40A-25 states that if the clerk of superior court does not find sufficient cause to deny the petition for the establishment of a cartway, he “shall make an order for the appointment of three commissioners and shall fix the time and…”
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