Need help reviewing a real estate contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In North Carolina General Statutes 40A-44

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Condemnor: means those listed in N. See North Carolina General Statutes 40A-2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Judge: means a resident judge of the superior court in the district where the cause is pending, or special judge residing in said district, or a judge of the superior court assigned to hold the courts of said district or an emergency  or special judge holding court in the county where the cause  is pending. See North Carolina General Statutes 40A-2
  • Person: includes the plural when appropriate and means a natural person, and any legal entity capable of owning or having interest in property. See North Carolina General Statutes 40A-2

Where there is no dispute as to title the person named in the complaint may apply to the court for disbursement of the money deposited in the court, or any part thereof, as full compensation, or  as a credit against just compensation without prejudice to further proceedings in the cause to determine just compensation. Upon such application, the judge shall order that the money deposited be paid forthwith to the person entitled thereto in accordance with the application. Subject to the provisions of N.C. Gen. Stat. § 40A-68 the judge shall  have power to make such orders with respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as shall be just and equitable.

No notice to the condemnor of the hearing upon the application for  disbursement of deposit shall be necessary. (1981, c. 919, s. 1.)