Bill Summaries: S425 (2015-2016 Session)

Tracking:
  • Summary date: Mar 25 2015 - View summary

    Amends the following statutes as the title indicates: (1) GS 136-112, to provide that the measure of damages in a condemnation action initiated by the Department of Transportation (DOT) is as provided in GS 40A-63 and 40A-64 (concerning just compensation for takings), deleting language that provided for other measures of damages; (2) GS 136-113, regarding the determination of interest as a part of just compensation on a DOT condemnation award providing that interest is to be calculated from the date of taking to the date the judgment is paid (previously, to the date of the judgment, effective July 1, 2015; and (3) GS 136-119, regarding the recovery of costs, including attorneys' fees if certain conditions apply, adding language that provides that fees can be awarded when the final judgement exceeds the initial deposit by 25 percent or more. Provides that attorneys' fees cannot exceed 1/3 of the difference between the judgment award, plus interest, and the initial deposit. Makes organizational changes. 

    Amends GS 136-89.53 (New and existing facilities; grade crossing eliminations), to clarify that compensation that land owners are entitled to, when an existing street or highway is designated as and included within a controlled-access facility and that street or highway abuts their land, also includes compensation for partial control of access. 

    Amends GS 136-103(a) to require the Department of Transportation, when condemnation is necessary, to provide written notices of relocation required by federal law no earlier than five working days before instituting a filing under this subsection and no later than one working day prior to instituting a filing pursuant to this subsection. Effective October 1, 2015, applying to condemnation actions filed on or after that date. 

    Unless otherwise noted above, this act becomes effective July 1, 2016, applying to condemnation actions filed on or after that date.