NC General Statutes

N.C. Gen. Stat. § 40A-29 (2026)

Provision for jury trial on appeal

✓ current as of July 2026

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In any proceedings under this Article by a condemnor to acquire property, any party to the proceedings shall be entitled on appeal to superior court to have the amount of compensation determined by a jury unless trial by jury has been waived by all parties. A jury shall determine the compensation to be awarded in accordance with the provisions of Article 4 of this Chapter. (1893, c. 148; Rev., s. 2588; C.S., s. 1724; 1957, c. 582; 1971, c. 528, s. 38; 1981, c. 919, s. 1.)

Notes of Decisions

Cited in 1 case, 2014–2014 · 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× “A party may appeal the clerk’s order to the superior court under N.C. Gen. Stat. § 40A-29 (2013). De novo appellate jurisdiction is then granted to the superior court from the clerk’s order and such jurisdiction provides for a jury trial to resolve questions of fact such as the…”

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