NC General Statutes

N.C. Gen. Stat. § 40A-26 (2026)

Powers and duties of commissioners

✓ current as of July 2026

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The commissioners, before entering upon the discharge of their duties, shall take and subscribe an oath that they will fairly and impartially appraise the property in the petition. Any one of them may issue subpoenas, administer oaths to witnesses, and any two of them may adjourn the proceedings before them from time to time, in their discretion. Whenever they meet, except by the appointment of the clerk or pursuant to adjournment, they shall cause 10 days' notice of such meeting to be given to the parties who are affected by their proceedings, or their attorney or agent. They shall view the premises described in the petition, hear the proofs and allegations of the parties, and reduce the testimony, if any is taken by them, to writing. After the testimony is closed in each case, and without any unnecessary delay, and before proceeding to the examination of any other claim, a majority of the commissioners being present and acting, shall ascertain and determine the compensation which ought justly to be made by the condemnor to the owners of the property appraised by them. The commissioners shall determine the compensation to be awarded in accordance with the principles established by Article 4 of this Chapter. They shall report the same to the clerk within 10 days. (1871-2, c. 138, ss. 16-18; Code, s. 1946; 1891, c. 160; Rev., s. 2585; C.S., s. 1721; 1981, c. 919, s. 1.)

Notes of Decisions

Cited in 2 cases, 1998–2014 · leading case: Rutherford Elec. Membership Corp. v. 130 of Chatham, LLC, 763 S.E.2d 296 (N.C. Ct. App. 2014).

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Rutherford Elec. Membership Corp. v. 130 of Chatham, LLC, 763 S.E.2d 296 (N.C. Ct. App. 2014). · cites it 4× “” N.C. Gen. Stat. § 40A-26 (2013). While there is apparent conflict between statutes in Chapter 40A on whether a multi-county private condemnation action may be filed, we reverse the trial court because the trial court very clearly did have subject matter jurisdiction over at…”

Hancock v. Tenery, 505 S.E.2d 315 (N.C. Ct. App. 1998). · cites it 4× “Further, N.C. Gen. Stat. § 40A-26 states that “[a]fter the testimony is closed in each case, .”

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