North Carolina § 46A-50 - Commissioners appointed; compensation; oath; delay or neglect.

§ 46A-50. Commissioners appointed; compensation; oath; delay or neglect.

Appointment. - The superior court shall appoint three disinterested commissioners to apportion the real property to be partitioned among the cotenants. If the property to be partitioned is located in more than one county, the court may appoint additional commissioners if necessary from counties where the property is located other than the county where the proceeding is commenced. Compensation. - The clerk of the superior court shall fix the compensation of commissioners for the partition of real property according to G.S. 1-408. Oath. - The commissioners shall be sworn according to Chapter 11 of the General Statutes. Delay or Neglect. - If, after accepting the commission, any of the commissioners unreasonably delays or neglects to perform his or her duties as a commissioner, the court may remove the commissioner and appoint a new commissioner. History (1868-9, c. 122, ss. 1, 2, 10; Code, ss. 1892, 1893, 1901; Rev., ss. 2487, 2492, 2498; C.S. 3219, 3220, 3221; Ex. Sess. 1924, c. 62, s. 2; 1945, c. 472; 1949, c. 975; 1953, c. 48; 1971, c. 1185, s. 8; 2020-23, ss. 2(i)-( l ), 3.) Cross References. - As to form of oath, see G.S. 11-11. Local Modification. - Guilford: 1951, c. 977, s. 1; Harnett: 1951, c. 1170; Stokes: 1959, c. 531. Editor's Note. - Subsection (a) of this section is former G.S. 46-7 , as recodified by Session Laws 2020-23, s. 2(i), 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. The case notes for this section include decisions under former G.S. 46-7 . Subsection (b) of this section is former G.S. 46-7.1 , as recodified by Session Laws 2020-23, s. 2(j), 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. Subsection (c) of this section is former G.S. 46-8 , as recodified by Session Laws 2020-23, s. 2(k), 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. Subsection (d) of this section is former G.S. 46-9 , as recodified by Session Laws 2020-23, s. 2( l ), 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. Effect of Amendments. - Session Laws 2020-23, s. 3 rewrote the section. For effective date and applicability, see editor's note.