Department of Transportation v. Bollinger

ARNOLD, Chief Judge.

The defendants first argue that plaintiff attempted to amend its complaint by introducing into evidence the Right of Way Agreement and that defendants should have been afforded the opportunity to amend their answer in order to plead the defenses of failure of consideration, fraud and forgery. We disagree.

N.C. Gen. Stat. § 136-103(5) (1993) mandates that a complaint filed in a DOT condemnation action shall contain or have attached, “A statement as to such liens or other encumbrances as the Department of Transportation is informed and believes are encumbrances upon said real…