NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 550

SENATE BILL 443

AN ACT TO AMEND SENATE BILL 161, ENTITLED "AN ACT TO REVISE AND RE-STATE THE CHARTER OF THE CITY OF LUMBERTON," RATIFIED MARCH 29, 1963, RELATING TO THE STATUS OF CERTAIN LIENHOLDERS.

The General Assembly of North Carolina do enact:

Section 1. Article XII, Section 3, of Section 1, of Senate Bill 161, entitled "An Act to Revise and Re-state the Charter of the City of Lumberton," ratified March 29, 1963, is hereby amended by adding a new paragraph at the end thereof, to be designated as (c), and to read as follows:

"(c)     STATUS OF LIENHOLDERS:

"If there be any lien upon any lands proposed to be condemned under the provisions of this Charter, whether such liens shall arise by virtue of a mortgage, deed of trust, judgment, or other encumbrance, the holder or beneficiary of such lien shall be made a party to the proceeding and shall be served with a copy of the resolution proposing condemnation in the same manner and fashion as hereinafter provided for service upon the owner of said lands, and said lienholder shall be represented in the appraisal by the appraiser appointed by the owner, or if the owner shall fail to appoint such appraiser, by the appraiser appointed by the city council as hereinafter provided for in Section 5; such lienholder shall be entitled to all of the remedies provided for with respect to appeal to the Superior Court in the same manner and fashion as the owner."

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 24th day of May, 1963.