North Carolina Eminent Domain Code Chapter 40A, Local Public Entities and Private Condemnors

North Carolina has several statues that govern eminent domain.  The following is from Chapter 40A and covers those takings involving local public entities and private condemnors.

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 in G.S. 40A 3 are the exclusive uses for which the authority to exercise the power of eminent domain is granted to private condemnors, local public condemnors, and other public condemnors. Effective August 15, 2006, a local act granting the authority to exercise the power of eminent domain to a private condemnor, local public condemnor, or other public condemnor for a use or purpose other than those granted to it in G.S. 40A 3(a), (b), (b1), or (c) is not effective for that use or purpose. Provided that, any eminent domain action commenced before August 15, 2006, for a use or purpose granted in a local act, may be lawfully completed pursuant to the provisions of that local act. The provisions of this subsection shall not repeal any provision of a local act limiting the purposes for which the authority to exercise the power of eminent domain may be used.
(b) It is the intent of the General Assembly that the procedures provided by this Chapter shall be the exclusive condemnation procedures to be used in this State by all private condemnors and all local public condemnors. All other provisions in laws, charters, or local acts authorizing the use of other procedures by municipal or county governments or agencies or political subdivisions thereof, or by corporations, associations or other persons are hereby repealed effective January 1, 1982. Provided, that any condemnation proceeding initiated prior to January 1, 1982, may be lawfully completed pursuant to the provisions previously existing.
(c) This Chapter shall not repeal any provision of a local act limiting the purposes for which property may be condemned. Notwithstanding the language of G.S. 40A 3(b), this Chapter also shall not repeal any provision of a local act creating any substantive or procedural requirement or limitation on the authority of a local public condemnor to exercise the power of eminent domain outside of its boundaries. (1981, c. 919, s. 1; 2006 224, s. 1; 2006 259, s. 47.) 

By |2013-09-16T15:02:56-05:00September 16, 2013|North Carolina|Comments Off on North Carolina Eminent Domain Code Chapter 40A, Local Public Entities and Private Condemnors

North Carolina Eminent Domain Code: Article 9 Section 136.103

North Carolina eminent domain procedure is codified in a variety of different statutes.  The following is a reproduction of Article 9 Section 136.103.

 Article 9.

Condemnation.
§ 136 103. Institution of action and deposit.
(a) In case condemnation shall become necessary the Department of Transportation shall institute a civil action by filing in the superior court of any county in which the land is located a complaint and a declaration of taking declaring that such land, easement, or interest therein is thereby taken for the use of the Department of Transportation.
(b) Said declaration shall contain or have attached thereto the following:
(1) A statement of the authority under which and the public use for which said land is taken.
(2) A description of the entire tract or tracts affected by said taking sufficient for the identification thereof.
(3) A statement of the estate or interest in said land taken for public use and a description of the area taken sufficient for the identification thereof.
(4) The names and addresses of those persons who the Department of Transportation is informed and believes may have or claim to have an interest in said lands, so far as the same can by reasonable diligence be ascertained and if any such persons are infants, non compos mentis, under any other disability, or their whereabouts or names unknown, it must be so stated.
(5) A statement of the sum of money estimated by said Department of Transportation to be just compensation for said taking.
(c) Said complaint shall contain or have attached thereto the following:
(1) A statement of the authority under which and the public use for which said land is taken.
(2) A description of the entire tract or tracts affected by said taking sufficient for the identification thereof.
(3) A statement of the estate or interest in said land taken for public use and a description of the area taken sufficient for the identification thereof.
(4) The names and addresses of those persons who the Department of Transportation is informed and believes may have or claim to have an interest in said lands, so far as the same can by reasonable diligence be ascertained and if any such persons are infants, non compos mentis, under any other disability, or their whereabouts or names unknown, it must be so stated.
(5) A statement as to such liens or other encumbrances as the Department of Transportation is informed and believes are encumbrances upon said real estate and can by reasonable diligence be ascertained.
(6) A prayer that there be a determination of just compensation in accordance with the provisions of this Article.
(d) The filing of said complaint and said declaration of taking shall be accompanied by the deposit of the sum of money estimated by said Department of Transportation to be just compensation for said taking and upon the filing of said complaint and said declaration of taking and deposit of said sum, summons shall be issued and together with a copy of said complaint and said declaration of taking and notice of the deposit be served upon the person named therein in the manner now provided for the service of process in civil actions. The Department of Transportation may amend the complaint and declaration of taking and may increase the amount of its deposit with the court at any time while the proceeding is pending, and the owner shall have the same rights of withdrawal of this additional amount as set forth in G.S. 136 105 of this Chapter. (1959, c. 1025, s. 2; 1961, c. 1084, s. 1; 1963, c. 1156, s. 1; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1; 1997 456, s. 27.)

 

By |2013-09-09T20:37:33-05:00September 9, 2013|North Carolina|Comments Off on North Carolina Eminent Domain Code: Article 9 Section 136.103

Utility Takings in North Carolina

It is our mission to hold the State of North Carolina and utilities accountable to provide just compensation to landowners. Besides the State of North Carolina, landowners can have their land taken by eminent domain and condemnation by utility companies including water departments, electric and pipeline companies. These takings can include sewer installations, electric line construction, natural gas pipelines, oil pipelines and even coal gasification pipelines.

By |2013-08-19T18:28:45-05:00August 19, 2013|North Carolina|Comments Off on Utility Takings in North Carolina

North Carolina Eminent Domain and Condemnation

At Sever Storey, we are lawyers work exclusively for LANDOWNERS. Both the State of North Carolina’s laws and the United States Constitution require that landowners receive just compensation in exchange for any land taken through the power of eminent domain. We firmly believe this language isn’t just a statement of puffery, but a right guaranteed to all citizens. This fundamental belief provides the foundation for the way we practice law. It is our mission, as landowner attorneys, to stand up for the rights of North Carolina landowners and ensure the condemning authority taking our clients’ properties upholds its end of the bargain. Our attorneys never represent states, municipalities, utility companies, or any other condemning authorities. Instead, our entire practice is centered around representing and serving you, the North Carolina landowner.

Whether or not this is your first time hiring an attorney to represent you, you probably have some questions. Let’s get the big ones out of the way. Below are some of the most common questions our potential clients have for us, and we’ve done our best to answer them as thoroughly and honestly as possible. However, please remember that every case is different, and you may have some unique questions about your particular situation and condemnation. The responses below are designed to answer general questions about eminent domain, but if you want to discuss the particulars of your case or have additional questions, please give us a call or send us an email for a free consultation.

By |2024-03-12T20:28:50-05:00August 28, 2012|North Carolina|Comments Off on North Carolina Eminent Domain and Condemnation
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