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. 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 […]
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. 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. 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. The parties shall have a right of appeal as provided in G.S. 40A-13. (2009-439, s. 1.)
