NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

CHAPTER 149

HOUSE BILL 351

AN ACT TO GRANT THE RIGHT OF TRIAL BY JURY AS TO THE ISSUE OF JUST COMPENSATION IN ALL CONDEMNATION ACTIONS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 1A-1 Rule 38 is amended by adding and inserting thereto a new subsection to read as follows:

"(b)      Right granted. The right of trial by jury as to the issue of just compensation shall be granted to the parties involved in any condemnation proceeding brought by bodies politic, corporations or persons which possess the power of eminent domain."

Sec. 2.  G.S. 1A-1, Rule 38(b) is renumbered G.S. 1A-1, Rule 38(c); G.S. 1A-1, Rule 38(c) is renumbered G.S. 1A-1, Rule 38(d); and G.S. 1A-1, Rule 38(d) is renumbered G.S. 1A-1, Rule 38(e).

Sec. 3.  This act shall be in full force and effect upon ratification.

In the General Assembly read three times and ratified, this the 9th day of April, 1973.