reglab/housing_qa huggingface dataset:
NC Gen Stat § 40A-32 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 2 - Condemnation Proceedings by Private Condemnors.|§ 40A-32 - Attorney for unknown parties appointed; pleadings amended; new commissioners appointed.

 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 interest who is unknown or whose residence is unknown, and who has not appeared in the proceedings by an attorney or agent, and shall make an allowance to said attorney for his services which shall be taxed in the bill of costs. In such cases the State Treasurer as custodian of the Escheat Fund shall be notified of the appointment of such an attorney.(b) The clerk or the judge on appeal shall have power at any time to amend any defect or informality in any of the special proceedings authorized by this Chapter as may be necessary, or to cause new parties to be added, and to direct such further notices to be given to any party in interest as it deems proper; and also to appoint other commissioners in place of any who shall die, refuse or neglect to serve or be incapable of serving. (1871-2, c. 138, s. 20; Code, s. 1948; Rev., s. 2592; C.S., s. 1728; 1981, c. 919, s. 1.)
NC Gen Stat § 40A-33 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 2 - Condemnation Proceedings by Private Condemnors.|§ 40A-33 - Change of ownership pending proceedings.

 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 any manner affect such proceedings, but the same may be carried on and perfected as if no such conveyance or transfer had been made or attempted to be made. (1871-2, c. 138, s. 22; Code, s. 1950; Rev., s. 2594; C.S., s. 1730; 1981, c. 919, s. 1.)
NC Gen Stat § 40A-34 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 2 - Condemnation Proceedings by Private Condemnors.|§ 40A-34 - Defective title; how cured.

 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 to be acquired is defective, the condemnor may commence new proceedings to acquire or perfect such title in the same manner as if no previous attempt had been commenced. At any stage in the new proceedings the court may authorize the condemnor, if in possession, to continue in possession, and if not in possession, to take possession and use the property during the pendency and until the final conclusion of the new proceedings. If the condemnor pays into court a sum determined by the court to be adequate compensation for the property, the court, in its discretion, may stay all actions or proceedings against the condemnor for its possession. In every such case the party interested in the property may conduct the proceedings to a conclusion if the condemnor delays or omits to prosecute the same. (1871-2, c. 138, s. 23; Code, s. 1951; Rev., s. 2595; C.S., s. 1731; 1981, c. 919, s. 1.)
NC Gen Stat § 40A-40 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 40A-40 - Notice of action.

 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-3(b) or (c) shall provide notice to each owner (whose name and address can be ascertained by reasonable diligence) of its intent to institute an action to condemn property. (The notice shall be sent to each owner by certified mail, return receipt requested. The providing of notice shall be complete upon deposit of the notice enclosed in a postpaid, properly addressed wrapper in a post office or official depository under the exclusive care and custody of the United States Postal Service. Notice by publication is not required. Notice to an owner whose name and/or address cannot be ascertained by reasonable diligence is not required in any manner.)The notice shall contain a general description of the property to be taken and of the amount estimated by the condemnor to be just compensation for the property to be condemned. The notice shall also state the purpose for which the property is being condemned and the date condemnor intends to file the complaint.(b) In the case of a condemnation action to be commenced pursuant to G.S. 40A-42(a), the notice required by subsection (a) of this section shall substantially comply with the following requirements:(1) The notice shall be printed in at least 12 point bold legible type.(2) The words "Notice of condemnation" or similar words shall conspicuously appear on the notice.(3) The notice shall include the information required by subsection (a) of this section.(4) The notice shall contain a plain language summary of the owner's rights, including:a. The right to commence an action for injunctive relief.b. The right to answer the complaint after it has been filed.(5) The notice shall include a statement advising the owner to consult with an attorney regarding the owner's rights.An owner is entitled to no relief because of any defect or inaccuracy in the notice unless the owner was actually prejudiced by the defect or inaccuracy, and the owner is otherwise entitled to relief under Rules 55(d) or 60(b) of the North Carolina Rules of Civil Procedure or other applicable law. (1981, c. 919, s. 1; 1981 (Reg. Sess., 1982), c. 1243, s. 3; 1999-410, s. 1.)
NC Gen Stat § 40A-41 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 40A-41 - Institution of action and deposit.

 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 county in which the land is located a complaint containing a declaration of taking declaring that property therein is thereby taken for the use of the condemnor.The complaint shall contain or have attached thereto the following:(1) A statement of the authority under which and the public use for which the property is taken;(2) A description of the entire tract or tracts of land affected by the taking sufficient for the identification thereof;(3) A statement of the property taken and a description of the area taken sufficient for the identification thereof;(4) The names and addresses of those persons who the condemnor is informed and believes may be or, claim to be, owners of the property so far as the same can by reasonable diligence be ascertained, and if any such persons are infants, incompetents, inebriates or 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 the condemnor to be just compensation for the taking; and(6) A statement as to whether the owner will be permitted to remove all or a specified portion of any timber, buildings, structures, permanent improvements, or fixtures situated on or affixed to the property.(7) A statement as to such liens or other encumbrances as the condemnor is informed and believes are encumbrances upon the property and can by reasonable diligence be ascertained.(8) A prayer that there be a determination of just compensation in accordance with the provisions of this Article.The filing of the complaint shall be accompanied by the deposit to the use of the owner of the sum of money estimated by the condemnor to be just compensation for the taking. Upon the filing of the complaint and the deposit of said sum, summons shall be issued to each owner of the property. The summons, together with a copy of the complaint and notice of the deposit shall be served upon the person named therein in the manner provided for the service of process under the provisions of G.S. 1A-1, Rule 4. The condemnor may amend the complaint 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. 40A-44 of this Chapter. (1935, c. 470, ss. 4, 5; 1947, c. 781; 1971, c. 382, s. 1; 1981, c. 919, s. 1.)
NC Gen Stat § 40A-43 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 40A-43 - Memorandum of action.

 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 of action with the register of deeds in all counties in which the land involved is located and said memorandum shall be recorded among the land records of said county. Upon the amending of any complaint affecting the property taken, the condemnor shall record a supplemental memorandum of action. The memorandum of action shall contain:(1) The names of those persons who the condemnor is informed and believes to be or claim to be owners of the property and who are parties to said action;(2) A description of the entire tract or tracts affected by said taking sufficient for the identification thereof;(3) A statement of the property taken for public use;(4) The date of institution of said action, the county in which said action is pending, and such other reference thereto as may be necessary for the identification of said action. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-44 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 40A-44 - Disbursement of deposit.

 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 in the court, or any part thereof, as full compensation, or as a credit against just compensation without prejudice to further proceedings in the cause to determine just compensation. Upon such application, the judge shall order that the money deposited be paid forthwith to the person entitled thereto in accordance with the application. Subject to the provisions of G.S. 40A-68 the judge shall have power to make such orders with respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as shall be just and equitable.No notice to the condemnor of the hearing upon the application for disbursement of deposit shall be necessary. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-45 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 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 deposit. Said answer shall contain the following:(1) Such admissions or denials of the allegations of the complaint as are appropriate;(2) The names and addresses of the persons filing said answer, together with a statement as to their interest in the property taken;(3) Such affirmative defenses or matters as are pertinent to the action; and(4) A request that there be a determination of just compensation.(b) A copy of the answer shall be served on the condemnor provided that failure to serve the answer shall not deprive the answer of its validity. The affirmative allegations of said answer shall be deemed denied. The condemnor may, however, file a reply within 30 days from receipt of a copy of this answer.(c) The condemnor, within 90 days from the receipt of the answer shall file in the cause a plat of the property taken and such additional area as may be necessary to properly determine the compensation, and a copy thereof shall be mailed to the parties or their attorney; provided, however, the condemnor shall not be required to file a map or plat in less than six months from the date of the filing of the complaint. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-46 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 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 a waiver of any further proceeding to determine just compensation; in such event the judge shall enter final judgment in the amount deposited and order disbursement of the money deposited to the owner. Provided, however, at any time prior to the entry of the final judgment the judge may, for good cause shown and after notice to the condemnor extend the time for filing answer for 30 days. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-47 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 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 take, questions of necessary and proper parties, title to the land, interest taken, and area taken. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-49 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 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. 919, s. 1.)
NC Gen Stat § 40A-50 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 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 be notified of the appointment of such an attorney. The judge shall appoint guardians ad litem for such parties as are infants, incompetents, or other parties who may be under a disability, and without general guardian, and the judge shall have the authority to make such additional parties as are necessary to the complete determination of the proceeding.Upon his own motion, or upon motion of any of the parties the judge may, in his discretion, continue the cause until the project is completed or until such earlier time as, in the opinion of the judge, the effect of condemnation upon said property may be determined. The motion may be heard at a hearing pursuant to G.S. 40A-47 or upon the coming on of the cause for trial, and shall be granted upon a proper showing that the effect of condemnation upon the subject property cannot presently be determined. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-52 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 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.)
NC Gen Stat § 40A-53 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 40A-53 - Interest as a part of just compensation.

 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 (6%) per annum on said amount from the date of taking to the date of judgment. Interest shall not be allowed from the date of deposit on so much thereof as shall have been paid into court as provided in this Article. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-54 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 40A-54 - Final judgments.

 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 the property acquired by the condemnor and a copy of said judgment shall be certified to the register of deeds in each county in which the land or any part thereof lies and be recorded among the land records of said county. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-55 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 40A-55 - Payment of compensation.

 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, on which the judgment is entered in said action, the judge may direct the full amount determined to be paid into said court by the condemnor and may retain said cause for determination of who is entitled to said moneys. The judge may by further order in the cause direct to whom the same shall be paid and may in its discretion order a reference to ascertain the facts on which such determination and order are to be made. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-56 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 3 - Condemnation by Public Condemnors.|§ 40A-56 - Refund of deposit.

 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, the condemnor shall be entitled to recover the excess of the amount of the deposit over the amount of the final judgment and court costs incident thereto. In the event there are not sufficient funds on deposit to cover said excess, the condemnor shall be entitled to a judgment for said sum against the person or persons having received said deposit. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-62 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 4 - Just Compensation.|§ 40A-62 - Application.

 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 of his property. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-63 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 4 - Just Compensation.|§ 40A-63 - In general.

 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 or the complaint under G.S. 40A-41 and except as provided in the following sections shall not reflect an increase or decrease due to the condemnation. The day of the filing of a petition or complaint shall be the date of valuation of the interest taken. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-64 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 4 - Just Compensation.|§ 40A-64 - Compensation for taking.

 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 a taking of less than the entire tract, the measure of compensation is the greater of either (i) the amount by which the fair market value of the entire tract immediately before the taking exceeds the fair market value of the remainder immediately after the taking; or (ii) the fair market value of the property taken.(c) If the owner is to be allowed to remove any timber, building or other permanent improvement, or fixtures from the property, the value thereof shall not be included in the compensation award, but the cost of removal shall be considered as an element to be compensated. (1981, c. 919, s. 1; 2001-487, s. 17.)
NC Gen Stat § 40A-65 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 4 - Just Compensation.|§ 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; (ii) the reasonable likelihood that the property would be acquired for that improvement or project; or (iii) the condemnation proceeding in which the property is taken.(b) If before completion the project is expanded or changed to require the taking of additional property, the fair market value of the additional property does not include a decrease in value before the date of valuation caused by any of the factors described in subsection (a), but does include an increase in value before the date on which it became reasonably likely that the expansion or change of the project would occur, if the increase is caused by any of the factors described in subsection (a).(c) Notwithstanding subsections (a) and (b), a decrease in value before the date of valuation which is caused by physical deterioration of the property within the reasonable control of the property owner, and by his unjustified neglect, may be considered in determining value. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-66 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 4 - Just Compensation.|§ 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 of the remainder, as of the date of valuation, shall reflect the time the damage or benefit caused by the proposed improvement or project will be actually realized. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-67 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 4 - Just Compensation.|§ 40A-67 - Entire tract.

 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 an integrated economic unit shall be treated as if the combined tracts constitute a single tract. (1981, c. 919, s. 1.)
NC Gen Stat § 40A-68 (2021)
2021 North Carolina General Statutes|Chapter 40A - Eminent Domain|Article 4 - Just Compensation.|§ 40A-68 - Acquisition of property subject to lien.

 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 share in the amount of compensation awarded only to the extent determined by the commissioners or by the jury or by the judge to be necessary to prevent an impairment of his security, and the lien shall continue upon the part of the property not taken as security for the unpaid portion of the indebtedness until it is paid; and(2) Neither the condemnor nor owner is liable to the lienholder for any penalty for prepayment of the debt secured by the lien, and the amount awarded by the judgment to the lienholder shall not include any penalty therefor. (1981, c. 919, s. 1.)