NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 73

HOUSE BILL 21

 

 

AN ACT TO AMEND CHAPTER 43 OF THE GENERAL STATUTES TO REQUIRE THAT THE STATE OF NORTH CAROLINA BE MADE A PARTY TO ALL TORRENS ACTIONS AND TO PROVIDE THAT SUCH ACTIONS SHALL NOT BE BINDING ON THE STATE OR ITS AGENCIES UNLESS THE STATE IS MADE A PARTY TO THE ACTION AND PROPERLY SERVED.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 43-8 is hereby amended by adding a new paragraph at the end thereof to read as follows:

"Except when the State of North Carolina is the petitioner, all special proceedings filed pursuant to this Article shall name the State of North Carolina as a respondent to the action. Service of process upon the State shall be made in accordance with G.S. 1A-1, Rule 4(j)(3)."

Sec. 2.  The next to last sentence of G.S. 43-12 which presently reads "Such decrees shall not be binding on and include the State of North Carolina or the State Board of Education unless notice of said proceeding and copy of petition, etc., as provided in this Chapter, are served on the Governor and on the State Board of Education severally and personally.", is amended to read as follows:

"Notwithstanding the provisions of G.S. 43-10, such decrees shall not be binding on and include the State of North Carolina or any of its agencies unless the State of North Carolina is made a party to the proceeding and notice of said proceeding and copy of petition, etc., are served upon the State of North Carolina as provided in this Chapter."

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 22nd day of February, 1979.