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NC H127
Bill
Status
3/2/2015
Primary Sponsor
Paul Stam
Click for details
AI Summary
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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.
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Changes interest calculation on condemnation awards from accruing until date of judgment to accruing until the date the judgment is actually paid.
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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.
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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.
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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