§ 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 […]
§ 40A-66 – Compensation to reflect project as planned.
40A-66. Compensation to reflect project as planned. (a) If there is a taking of less than the entire tract, the value of the remainder on the valuation date shall reflect increases or decreases in value caused by the proposed project including any work to be performed under an agreement between the parties. (b) The value […]
§ 40A-46 – Time for filing answer; failure to answer.
40A-46. Time for filing answer; failure to answer. Any person named in and served with a complaint containing a declaration of taking shall have 120 days from the date of service thereof to file answer. Failure to answer within said time shall constitute an admission that the amount deposited is just compensation and shall be […]
§ 40A-47 – Determination of issues other than damages.
40A-47. Determination of issues other than damages. The judge, upon motion and 10 days’ notice by either the condemnor or the owner, shall, either in or out of session, hear and determine any and all issues raised by the pleadings other than the issue of compensation, including, but not limited to, the condemnor’s authority to […]
§ 40A-48 – Appointment of commissioners.
40A-48. Appointment of commissioners. (a) A request to the clerk for the appointment of commissioners to determine compensation for the taking may be made in the answer of the owner, or may be made by motion of either the owner or the condemnor within 60 days after the filing of the answer. After the determination […]
§ 40A-49 – No request for commissioners.
40A-49. No request for commissioners. After the determination of other issues as provided by G.S. 40A-47, if no request has been made for the appointment of commissioners within the time permitted by G.S. 40A-48(a), the cause shall be transferred to the civil issue docket for trial as to the issue of just compensation. (1981, c. […]
§ 40A-50 – Parties, orders; continuances.
40A-50. Parties, orders; continuances. The judge shall appoint an attorney to appear for and protect the rights of any party or parties in interest who are unknown, or whose residence is unknown and who has not appeared in the proceeding by an attorney or agent. The State Treasurer as custodian of the Escheat Fund shall […]
§ 40A-51 – Remedy where no declaration of taking filed; recording memorandum of action.
40A-51. Remedy where no declaration of taking filed; recording memorandum of action. (a) If property has been taken by an act or omission of a condemnor listed in G.S. 40A-3(b) or (c) and no complaint containing a declaration of taking has been filed the owner of the property, may initiate an action to seek compensation […]
§ 40A-52 – Measure of compensation.
40A-52. Measure of compensation. The commissioners, jury or judge shall determine the issue of compensation in accordance with the provisions of Article 4 of this Chapter. (1981, c. 919, s. 1.)