Two main eminent domain chapters with different procedures, rules, and measures of damage
The General Statutes of North Carolina set out condemnation in two separate chapters, Chapter 40A and Chapter 136. Each chapter contains different rules about procedure and when title to the condemned property vests in the condemnor (the government or company doing the taking). In other words, when the condemnor can take possession and start building the project depends on which chapter it uses to file the eminent domain lawsuit to acquire the property.
Utilities and Municipalities have different condemnation rules
Moreover, within Chapter 40A, different articles apply to different types of condemnors. So, for a “Private Condemnor”, like a power company, there are different rules than for a “Local Public Condemnor”, like a city, town or county.
“Quick Take” power for NCDOT and certain others
Chapter 136 contains North Carolina’s “quick take” condemnation statutes. So, in a Chapter 136 taking, title vests as soon as the condemnor files the lawsuit and deposits its estimate of just compensation. The condemnation portion of Chapter 136 was written for the North Carolina Department of Transportation and the Department of Administration, but the General Assembly has granted Chapter 136 power to many other condemnors, often through a Session Law or local act.
Measure of damages varies
Finally, Chapters 40A and 136 not only have different rules, they also have different measures of damage. This difference makes North Carolina condemnation law unusual. It also means that it is possible that in one condemnation case, the jury could award zero damages, while in another, the condemnor will have to pay for at least the value of the land taken.
Links to North Carolina eminent domain statutes
Below is a growing list of eminent domain statutes with brief notes about them. Christopher and I will continue to add to this list as we are able to add explanatory notes and comments about the statutes.
- Chapter 40A. Article 1. General
- Chapter 40A Article 2. Private Condemnors. (includes public utilities)
- Chapter 40A. Article 3. Public Condemnors (includes cities, towns, and counties)
- Chapter 136. Article 9. (“quick-take” statutes)
- Chapter 136. N.C. Gen. Stat. §136-69. Cartways, etc.
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Christopher J. Simmons is an attorney licensed in North Carolina and Florida and practicing as an associate city attorney with the City of Raleigh, North Carolina.
