North Carolina Statutes

Chapter 40A Eminent Domain

Article 1 - General.

  • § 40A-1   Exclusive provisions
    (a) Notwithstanding the provisions of any local act, it is the intent of the General Assembly that, effective August 15, 2006, the uses set out...
  • § 40A-2   Definitions
    As used in this Chapter the following words and phrases have the meanings indicated unless the context clearly requires another meaning: (1) "Condemnation" means the...
  • § 40A-3   By whom right may be exercised
    (a) Private Condemnors. For the public use or benefit, the persons or organizations listed below shall have the power of eminent domain and may acquire...
  • § 40A-4   No prior purchase offer necessary
    The power to acquire property by condemnation shall not depend on any prior effort to acquire the same property by gift or purchase, nor shall...
  • § 40A-5   Condemnation of property owned by other condemnors
    (a) A condemnor listed in G.S. 40A‑3(a), (b) or (c) shall not possess the power of eminent domain with respect to property owned by the...
  • § 40A-6   Reimbursement of owner for taxes paid on condemned property
    (a) An owner whose property is totally taken in fee simple by a condemnor exercising the power of eminent domain, under this Chapter or any...
  • § 40A-7   Acquisition of whole parcel or building
    (a) When the proposed project requires condemnation of only a portion of a parcel of land leaving a remainder of such shape, size or condition...
  • § 40A-8   Costs
    (a) In any action under the provisions of Article 2 or Article 3 of this Chapter, the court in its discretion may award to the...
  • § 40A-9   Removal of structures on condemned land; lien
    At the request of the owner the condemnor shall allow the owner of property acquired by condemnation to remove any timber, building, permanent improvement, or...
  • § 40A-10   Sale or other disposition of land condemned
    When any property condemned by the condemnor is no longer needed for the purpose for which it was condemned, it may be used for any...
  • § 40A-11   Right of entry prior to condemnation
    Any condemnor without having filed a petition or complaint, depositing any sum or taking any other action provided for in this Chapter, is authorized to...
  • § 40A-12   Additional rules
    Where the procedure for conducting an action under this Chapter is not expressly provided for in this Chapter or by the statutes governing civil procedure,...
  • § 40A-13   Costs and appeal
    In addition to any reimbursement provided for in G.S. 40A‑8 the condemnor shall pay all court costs taxed by the court. Either party shall have...
  • § 40A-14 through 40A-18   Reserved for future codification purposes

Article 2 - Condemnation Proceedings by Private Condemnors.

Article 3 - Condemnation by Public Condemnors.

  • § 40A-40   Notice of action
    (a) Not less than 30 days prior to the filing of a complaint under the provisions of G.S. 40A‑41, a public condemnor listed in G.S....
  • § 40A-41   Institution of action and deposit
    A public condemnor listed in G.S. 40A‑3(b) or (c) shall institute a civil action to condemn property by filing in the superior court of any...
  • § 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),...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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,...
  • § 40A-53   Interest as a part of just compensation
    To the amount awarded as compensation by the commissioners or a jury or judge, the judge shall add interest at the rate of six percent...
  • § 40A-54   Final judgments
    Final judgments entered in actions instituted under the provisions of this Article shall contain a description of the land affected, together with a description of...
  • § 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,...
  • § 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,...
  • § 40A-57 through 40A-61   Reserved for future codification purposes

Article 4 - Just Compensation.

  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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:...

Article 5 - 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...