§ 40A-82 – Demonstration of no prudent and feasible alternative required in certain actions; judicial determination.
40A-82. Demonstration of no prudent and feasible alternative required in certain actions; judicial determination. (a) If a holder of a conservation easement contests an action to condemn property encumbered by a conservation easement on the basis that the condemnor failed to sufficiently consider alternatives to the action or that a prudent and feasible alternative exists […]
§ 40A-83 – Vesting of title and right of possession.
40A-83. Vesting of title and right of possession. Notwithstanding the provisions of G.S. 40A-42 or G.S. 136-104, title and right to immediate possession of property subject to this Article shall not vest in a condemnor any earlier than any of the following: (1) The failure of the easement holder to file an answer within the […]
§ 40A-84 – Compensation for condemnation.
40A-84. Compensation for condemnation. In any action to condemn property encumbered by a conservation easement, the court shall determine just compensation pursuant to Article 4 of this Chapter or in accordance with Chapter 136 of the General Statutes, as applicable, by first determining the value of the property taken as a whole, unencumbered by the […]
§ 40A-85 – Appeal.
40A-85. Appeal. The parties shall have a right of appeal as provided in G.S. 40A-13. (2009-439, s. 1.)
§ 40A-67 – Entire tract.
40A-67. Entire tract. For the purpose of determining compensation under this Article, all contiguous tracts of land that are in the same ownership and are being used as an integrated economic unit shall be treated as if the combined tracts constitute a single tract. (1981, c. 919, s. 1.)
§ 40A-68 – Acquisition of property subject to lien.
40A-68. Acquisition of property subject to lien. Notwithstanding the provisions of an agreement, if any, relating to a lien encumbering the property: (1) If there is a partial taking, the lienholder may share in the amount of compensation awarded only to the extent determined by the commissioners or by the jury or by the judge […]
§ 40A-69 – Property subject to life tenancy.
40A-69. Property subject to life tenancy. If the property taken is subject to a life tenancy, the commissioners, the jury, or the judge may include in the judgment a requirement that: (1) The award be apportioned and distributed on the basis of the respective values of the interests of the life tenant and remainderman; (2) […]
§ 40A-70 – Return of condemned property.
40A-70. Return of condemned property. Whenever a public condemnor listed in G.S. 40A-3(b) or (c) acquires real property by condemnation and thereafter determines that the property is not needed for the purpose for which it was condemned, and the public condemnor still owns the property, the public condemnor may reconvey the property to the original […]
§ 40A-80 – Applicability of Article; definition.
40A-80. Applicability of Article; definition. (a) Applicability. – (1) The provisions of this Article shall apply only to a condemnation action initiated by a public condemnor, which for purposes of this Article shall be any entity exercising the power of eminent domain under any authority except G.S. 40A-3(a). (2) Except with respect to G.S. 40A-84, […]
§ 40A-81 – Additional information required in petition or complaint filed.
40A-81. Additional information required in petition or complaint filed. Any public entity that acts to exercise the power of eminent domain on property encumbered by a conservation easement shall initiate the action as required by this Chapter or Chapter 136 of the General Statutes as applicable. The complaint filed as required by those Chapters also […]