North Carolina § 46A-28 - Court's authority to make orders before final determination of proceeding; notice and hearing.

§ 46A-28. Court's authority to make orders before final determination of proceeding; notice and hearing.

Before final determination of a proceeding to partition real property, on application of any of the parties, the court may make any orders that it finds to be in the best interest of the parties, including, but not limited to, orders relating to possession, payment of secured debt or other liens on the property, occupancy and payment of rents, the appointment of a receiver pursuant to G.S. 1-502(6) or a limited receiver for the real property pursuant to Article 38A of Chapter 1 of the General Statutes, and access to the property for the purpose of inspecting, surveying, appraising, or selling the property. A party making a written application under subsection (a) of this section shall serve a copy of the application on all other parties and any other person the court may require. The court shall schedule a hearing on the application, if, within 10 days of being served, a person files a response in opposition to the application or requests a hearing. If no person files a response or requests a hearing within 10 days of being served, the court may decide the application without a hearing. History (1981, c. 584, s. 1; 2020-23, ss. 2(e), 3; 2020-75, s. 3(e); 2021-93, s. 8.) Editor's Note. - This section is former G.S. 46-3.1 , as recodified by Session Laws 2020-23, s. 2(e), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. The historical citation from the former section has been added to this section as recodified. Session Laws 2020-23, s. 18, made the rewriting of this section by Session Laws 2020-23, s. 3, effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. Session Laws 2020-75, s. 4, made the amendment of subsection (a) of this section by Session Laws 2020-75, s. 3(e), effective January 1, 2021, and applicable to receiverships commenced on or after that date. Effect of Amendments. - Session Laws 2020-23, s. 3 rewrote the section. For effective date and applicability, see editor's note. Session Laws 2020-75, s. 3(e), substituted "a limited receiver for the real property pursuant to Article 38A of Chapter 1 of the General Statutes" for "receivers pursuant to G.S. 1-502(6)" in subsection (a). For effective date and applicability, see editor's note. Editor's Note. - Session Laws 2021-93, s. 8, effective July 22, 2021, inserted "a receiver pursuant to G.S. 1-502(6) or a” in subsection (a).