North Carolina § 127A-118 - Organizations may own property; actions.

§ 127A-118. Organizations may own property; actions.

Organizations of the North Carolina National Guard and naval militia shall have the right to own and keep real and personal property, which shall belong to the organization; and the commanding officer of any organization may recover for its use debts or effects belonging to it, or damages for injury to the property. An action for recovery of debts, effects, or damages must be brought in the name of the commanding officer of the organization before any court of justice within the State having jurisdiction; and no suit or complaint pending in his or her name shall be abated by his or her ceasing to be commanding officer of the organization; but upon motion of the commander succeeding him or her the new commander shall be admitted to prosecute the suit or complaint in like manner and with like effect as if it had been originally commenced by him or her. History (1917, c. 200, s. 92; C.S., s. 6872; 1975, c. 604, s. 2; 2009-281, s. 1; 2011-195, s. 1(a).) Effect of Amendments. - Session Laws 2009-281, s. 1, effective July 10, 2009, substituted "National Guard" for "national guard" near the beginning of this section. Session Laws 2011-195, s. 1(a), effective June 23, 2011, subdivided the former section into two sentences; in the first sentence, inserted "North Carolina" and substituted "the property" for "such property"; and in the last sentence, substituted "An action for recovery of debts, effects, or damages must be brought" for "Action for such recovery to be brought," "commanding officer of the organization" for "commanding officer thereof," and "succeeding him or her the new commander" for "succeeding him such commander," and inserted "or her" throughout.