US Lawyer Database

§ 40A-55 – Payment of compensation.

40A-55. Payment of compensation. If there are adverse and conflicting claimants to the deposit made into the court by the condemnor or the additional amount determined as just compensation, on which the judgment is entered in said action, the judge may direct the full amount determined to be paid into said court by the condemnor […]

§ 40A-56 – Refund of deposit.

40A-56. Refund of deposit. In the event the amount of the final judgment is less than the amount deposited by the condemnor pursuant to the provisions of this Article, the condemnor shall be entitled to recover the excess of the amount of the deposit over the amount of the final judgment and court costs incident […]

§ 40A-62 – Application.

40A-62. Application. The principles set down in this Article shall govern the determination of compensation to be awarded to the owner by the condemnor for the taking of his property. (1981, c. 919, s. 1.)

§ 40A-42 – Vesting of title and right of possession; injunction not precluded.

40A-42. Vesting of title and right of possession; injunction not precluded. (a)(1) Standard Provision. – When a local public condemnor is acquiring property by condemnation for a purpose set out in G.S. 40A-3(b)(1), (4) or (7), or when a city is acquiring property for a purpose set out in G.S. 160A-311(1), (2), (3), (4), (6), […]

§ 40A-63 – In general.

40A-63. In general. The determination of the amount of compensation shall reflect the value of the property immediately prior to the filing of the petition under G.S. 40A-20 or the complaint under G.S. 40A-41 and except as provided in the following sections shall not reflect an increase or decrease due to the condemnation. The day […]

§ 40A-43 – Memorandum of action.

40A-43. Memorandum of action. The condemnor, at the time of the filing of the complaint containing the declaration of taking and deposit of estimated compensation, shall record a memorandum of action with the register of deeds in all counties in which the land involved is located and said memorandum shall be recorded among the land […]

§ 40A-64 – Compensation for taking.

40A-64. Compensation for taking. (a) Except as provided in subsection (b), the measure of compensation for a taking of property is its fair market value. (b) If there is a taking of less than the entire tract, the measure of compensation is the greater of either (i) the amount by which the fair market value […]

§ 40A-44 – Disbursement of deposit.

40A-44. Disbursement of deposit. Where there is no dispute as to title the person named in the complaint may apply to the court for disbursement of the money deposited in the court, or any part thereof, as full compensation, or as a credit against just compensation without prejudice to further proceedings in the cause to […]

§ 40A-65 – Effect of condemnation procedure on value.

40A-65. Effect of condemnation procedure on value. (a) The value of the property taken, or of the entire tract if there is a partial taking, does not include an increase or decrease in value before the date of valuation that is caused by (i) the proposed improvement or project for which the property is taken; […]

§ 40A-45 – Answer, reply and plat.

40A-45. Answer, reply and plat. (a) Any person whose property has been taken by the condemnor by the filing of a complaint containing a declaration of taking, may within the time set forth in G.S. 40A-46 file an answer to the complaint. No answer shall be filed to the declaration of taking and notice of […]