North Carolina General Statutes Chapter 40A Eminent Domain

Article 1 - General.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 40A-14 through 40A-18. Reserved for future codification purposes

Article 2 - Condemnation Proceedings by Private Condemnors.

N.C. Gen. Stat. § 40A-19. Proceedings by private condemnors
Any private condemnor enumerated in G.S. 40A-3(a), possessing by law the right of eminent domain in this State shall have the right to acquire...
N.C. Gen. Stat. § 40A-20. Petition filed; contents
For the purpose of acquiring property a condemnor listed in G.S. 40A-3(a), or the owner of the property sought to be condemned, may present...
N.C. Gen. Stat. § 40A-21. Notice of proceedings
Notice of all proceedings brought hereunder shall be filed with the clerk of superior court of each county in which any part of the...
N.C. Gen. Stat. § 40A-22. Service
A summons as in other cases of special proceedings, together with a copy of the petition, must be served on all persons whose estates...
N.C. Gen. Stat. § 40A-23. Service where parties unknown
If the person on whom service of summons and petition is to be made is unknown, or his residence is unknown and cannot by...
N.C. Gen. Stat. § 40A-24. Orders served as in special proceedings in absence of other provisions
In all cases not herein otherwise provided for, service of orders, notices, and other papers in the special proceedings authorized by this Chapter may...
N.C. Gen. Stat. § 40A-25. Answer to petition; hearing; commissioners appointed
On presenting such petition to the clerk of superior court, with proof of service of a copy thereof, and of the summons, all or...
N.C. Gen. Stat. § 40A-26. Powers and duties of commissioners
The commissioners, before entering upon the discharge of their duties, shall take and subscribe an oath that they will fairly and impartially appraise the...
N.C. Gen. Stat. § 40A-27. Form of commissioners' report
When the commissioners shall have assessed the compensation, they shall forthwith make and subscribe a written report of their proceedings, in substance as follows:...
N.C. Gen. Stat. § 40A-28. Exceptions to report; hearing; when title vests; appeal; restitution
(a) Upon the filing of the report, the clerk shall forthwith mail copies to the parties. Within 20 days after the filing of the...
N.C. Gen. Stat. § 40A-29. Provision for jury trial on appeal
In any proceedings under this Article by a condemnor to acquire property, any party to the proceedings shall be entitled on appeal to superior...
N.C. Gen. Stat. § 40A-30. Title of infants, incompetents, inebriates, and trustees without power of sale, acquired
In case any property required by a condemnor shall be vested in any trustee not authorized to sell, release and convey the same, or...
N.C. Gen. Stat. § 40A-31. Rights of claimants of fund determined
If there are adverse and conflicting claimants to the money, or any part of it, to be paid as compensation for the property taken,...
N.C. Gen. Stat. § 40A-32. Attorney for unknown parties appointed; pleadings amended; new commissioners appointed
(a) The clerk or the judge on appeal shall appoint some competent attorney to appear for and protect the rights of any party in...
N.C. Gen. Stat. § 40A-33. Change of ownership pending proceedings
When any proceedings under this Article shall have been commenced, no change of ownership by voluntary conveyance or transfer of the property shall in...
N.C. Gen. Stat. § 40A-34. Defective title; how cured
If at any time after an attempt to acquire title under this Article has commenced it shall be found that the title thereby attempted...
N.C. Gen. Stat. § 40A-35 through 40A-39. Reserved for future codification purposes

Article 3 - Condemnation by Public Condemnors.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 40A-57 through 40A-61. Reserved for future codification purposes

Article 4 - Just Compensation.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 5 - Return of Condemned Property.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 40A-71. Reserved for future codification purposes
N.C. Gen. Stat. § 40A-72. Reserved for future codification purposes
N.C. Gen. Stat. § 40A-73. Reserved for future codification purposes
N.C. Gen. Stat. § 40A-74. Reserved for future codification purposes
N.C. Gen. Stat. § 40A-75. Reserved for future codification purposes
N.C. Gen. Stat. § 40A-76. Reserved for future codification purposes
N.C. Gen. Stat. § 40A-77. Reserved for future codification purposes
N.C. Gen. Stat. § 40A-78. Reserved for future codification purposes
N.C. Gen. Stat. § 40A-79. Reserved for future codification purposes

Article 6 - Condemnation of Property Encumbered by a Conservation Easement.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 40A-85. Appeal
The parties shall have a right of appeal as provided in G.S. 40A-13. (2009-439, s. 1.)

Last modified: March 23, 2014