NC General Statutes
N.C. Gen. Stat. § 40A-47 (2026)
Determination of issues other than damages
✓ current as of July 2026
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The judge, upon motion and 10 days' notice by either the condemnor or the owner, shall, either in or out of session, hear and determine any and all issues raised by the pleadings other than the issue of compensation, including, but not limited to, the condemnor's authority to take, questions of necessary and proper parties, title to the land, interest taken, and area taken. (1981, c. 919, s. 1.)
Notes of Decisions
Cited in 26
cases, 1991–2018 · leading case: City of Winston-Salem v. Slate, 647 S.E.2d 643 (N.C. Ct. App. 2007).
City of Winston-Salem v. Slate, 647 S.E.2d 643 (N.C. Ct. App. 2007). “Following the filing of the City’s complaints, defendants were entitled to an evidentiary hearing pursuant to N.C. Gen. Stat. § 40A-47 (2005) on all issues placed in controversy by the pleadings other than the amount of just compensation.”
Town of Nags Head v. Richardson, 817 S.E.2d 874 (N.C. Ct. App. 2018). “Section 40A-47 of our General Statutes provides that the trial court is required to determine “any and all issues raised by the pleadings other than the issue of compensation, including .”
Wilkie v. City of Boiling Spring Lakes, 809 S.E.2d 853 (N.C. 2018). “2 After conducting a hearing pursuant to N.C.G.S. § 40A-47 for the purpose of resolving all disputed issues between the parties other than the amount of damages, if any, to which plaintiffs were entitled, the trial court entered an order on 5 November 2015 determining that the…”
Cape Fear Pub. Util. Auth. v. Costa, 697 S.E.2d 338 (N.C. Ct. App. 2010). “Whether Plaintiff had any interest in Defendant's property, including an easement, would properly be addressed at a hearing under N.C. Gen.Stat. § 40A-47 (2007), which requires the trial court to hear and determine any and all issues raised by the pleadings other than the issue…”
Wilkie v. City of Boiling Spring Lakes, 796 S.E.2d 57 (N.C. Ct. App. 2016). “*515 Defendant City of Boiling Spring Lakes ("the City") appeals from an order issued pursuant to N.C. Gen. Stat. § 40A-47 1 determining all issues other than compensation.”
Piedmont Triad Airport Auth. v. Urbine, 554 S.E.2d 331 (N.C. 2001). “Pursuant to N.C.G.S. § 40A-47, a hearing was held at the 20 March 2000 Civil Session of Superior Court, Guilford County, to determine issues other than compensation.”
Town of Midland v. Wayne, 773 S.E.2d 301 (N.C. 2015). “” At the hearing for determination of issues under N.C.G.S. § 40A-47, defendant presented evidence that the easement’s far-reaching effect, though perhaps unforeseen, decreases the net developable area of the subdivision property and impairs vital flexibility in its development.”
Piedmont Triad Reg'l Water Auth. v. Unger, 572 S.E.2d 832 (N.C. Ct. App. 2002). “Defendants, pursuant to N.C.G.S. § 40A-47, moved the court to judicially determine whether the application of the WCA to defendants’ property was caused by the proposed Randleman Dam project.”
Concrete Mach. Co. v. City of Hickory, 517 S.E.2d 155 (N.C. Ct. App. 1999). “There being no evidence in the record of a valid modification or agreement to modify the 1959 easement, we find this sub-issue to be without merit and it is dismissed. *96 Secondly, the City contends that the trial court erroneously concluded that the City’s actions constituted…”
Town of Midland v. Morris, 704 S.E.2d 329 (N.C. Ct. App. 2011). “In each case, the dispositive motions were identified as motions for preliminary injunction, motions to dismiss, motions for summary judgment, or motions for a determination of all issues other than damages pursuant to N.C. Gen. Stat. § 40A-47. In the Superior Court of Cabarrus…”
Mecklenburg Cnty. v. Simply Fashion Stores, Ltd., 704 S.E.2d 48 (N.C. Ct. App. 2010). ““[T]his Court has held on multiple occasions that orders under N.C. Gen. Stat. § 40A-47 [determination of issues other than damages in condemnation proceedings] are immediately appealable as affecting a substantial right.”
Stout v. City of Durham, 468 S.E.2d 254 (N.C. Ct. App. 1996). “§ 40A-42, until the issue of the City’s authority to condemn the property could be decided as provided by G.S. § 40A-47. The cases were consolidated for hearing and were heard by the trial court upon plaintiffs’ motion for a preliminary injunction.”
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