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NC H127

Bill

Status

Introduced

3/2/2015

Primary Sponsor

Paul Stam

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Origin

House of Representatives

2015-2016 Session

AI Summary

  • Modifies damage calculation in Department of Transportation condemnation actions to exclude consideration of special or general benefits from highway use when only part of a tract is taken.

  • Changes interest calculation on condemnation awards from accruing until date of judgment to accruing until the date the judgment is actually paid.

  • Allows defendants to recover reasonable attorneys' fees and costs if the final judgment exceeds the DOT's deposit (including deposits made at least 6 months prior) by 25% or more, with attorney fees capped at one-third of the difference between judgment and deposit.

  • Requires the Department of Transportation to provide written relocation notices required by federal law together with the summons, complaint, declaration of taking, and notice of deposit.

  • Takes effect on October 1, 2015 for interest and attorney fee provisions, and July 1, 2016 for damage measurement and relocation notice provisions, applying only to condemnation actions filed after the effective dates.

Legislative Description

DOT Condemnation Changes

Last Action

Tabled

7/1/2015

Committee Referrals

Transportation5/7/2015
Rules and Operations of the Senate4/15/2015
Appropriations3/25/2015
Judiciary IV3/3/2015

Full Bill Text

No bill text available