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Kennedy v. James

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eBook details

  • Title: Kennedy v. James
  • Author : Supreme Court of North Carolina
  • Release Date : January 27, 1960
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

The power of eminent domain is exercised by a redevelopment commission pursuant to G.S. Chapter 40, Article 2, and Chapter 160, Article 37. Therefore, when the pleadings present issuable matter, the cause is not transferred to the Civil Issue Docket, but the clerk first passes on the questions presented after hearing evidence from all parties. If the clerk decides that petitioners cannot proceed with condemnation, then the petitioner may except and appeal. However, if the clerk decides in favor of the petitioner, exceptions may be noted, and the clerk appoints commissioners to assess damages due the landowners. The Commissioners, after viewing the premises and after due notice, hear the evidence of all interested parties and thereafter file their report. Within twenty days after the filing of the report, the parties to the proceeding may file exceptions, and the clerk decides the exceptions after all parties have received due notice and have been afforded opportunity to be heard.


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