Bill Text: NC H127 | 2015-2016 | Regular Session | Amended
Bill Title: DOT Condemnation Changes
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Introduced - Dead) 2015-07-01 - Tabled [H127 Detail]
Download: North_Carolina-2015-H127-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 2
HOUSE BILL 127
Committee Substitute Favorable 3/25/15
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Short Title: DOT Condemnation Changes. |
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Sponsors: |
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Referred to: |
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March 3, 2015
A BILL TO BE ENTITLED
AN ACT to modify the measure of damages in a condemnation action INITIATED by the department of TRANSPORTATION; to PROVIDE that interest on a dot condemnation award shall be paid from the date of taking until the date the judgment is paid; to authorize a defendant in such an action to recover attorneyS' fees and costs if the judgment exceeds the deposit by twenty‑five PERCENT or more; and to provide that the department of transportation shall send any relocation notice required by federal law within a specified period of time.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 136‑112 reads as rewritten:
"§ 136‑112. Measure of damages.
The following shall be the measure of damages to be followed by the commissioners, jury or judge who determines the issue of damages:
(1) Where only a part of a tract is taken, the measure
of damages for said taking shall be the difference between the fair market
value of the entire tract immediately prior to said taking and the fair market
value of the remainder immediately after said taking, with without consideration
being given to any special or general benefits resulting from the utilization
of the part taken for highway purposes.
(2) Where the entire tract is taken the measure of damages for said taking shall be the fair market value of the property at the time of taking."
SECTION 2. G.S. 136‑113 reads as rewritten:
"§ 136‑113. Interest as a part of just compensation.
To said amount awarded as damages by the commissioners or a
jury or judge, the judge shall, as a part of just compensation, add interest at
the legal rate as provided in G.S. 24‑1 on said amount from the date
of taking to the date of judgment;the judgment is paid; but
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."
SECTION 3. G.S. 136‑119 reads as rewritten:
"§ 136‑119. Costs and appeal.
(a) The Department of Transportation shall pay all court costs taxed by the court. Either party shall have a right of appeal to the Supreme Court for errors of law committed in any proceedings provided for in this Article in the same manner as in any other civil actions and it shall not be necessary that an appeal bond be posted.
(b) The court having jurisdiction of the
condemnation action instituted by the Department of Transportation to acquire
real property by condemnation shall award the owner of any right, or title to,
or interest in, such real property such sum as will in the opinion of the court
reimburse such owner for his reasonable cost,costs,
disbursements, and expenses, as specified in G.S. 40A‑8, including
reasonable attorney fees, appraisal, and engineering fees, actually
incurred because of the condemnation proceedings, if (i) theand reasonable
attorneys' fees, if any of the following apply:
(1) The final judgment is that the
Department of Transportation cannot acquire real property by condemnation; or(ii)
thecondemnation.
(2) The proceeding is abandoned by the Department of Transportation.
(3) The final judgment exceeds the amount of the deposit, including additional deposits made at least six months before the verdict, by twenty‑five percent (25%) or more. Attorneys' fees awarded pursuant to this subdivision shall not exceed one‑third of the difference between the judgment award, plus interest, and the deposit. In considering what attorneys' fees are reasonable, the judge shall consider the extent to which the party has provided to the other party, in advance of the trial, the written appraisal reports of those witnesses testifying at trial.
(c) The judge rendering a judgment for the plaintiff in a proceeding brought under G.S. 136‑111 awarding compensation for the taking of property, shall determine and award or allow to such plaintiff, as a part of such judgment, such sum as will in the opinion of the judge reimburse such plaintiff for his reasonable cost, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding."
SECTION 4. G.S. 136‑103(a) reads as rewritten:
"(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. The Department of Transportation shall provide any written notice of relocation required by federal law together with the summons, complaint, declaration of taking, and notice of deposit required by G.S. 136‑103(d)."
SECTION 5. Sections 2 and 4 of this act become effective October 1, 2015, and apply to condemnation actions filed on or after that date. The remainder of this act becomes effective July 1, 2016, and applies to condemnation actions filed on or after that date.
