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NC S425

Bill

Status

Introduced

3/25/2015

Primary Sponsor

Wilfred Wells

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Origin

Senate

2015-2016 Session

AI Summary

  • Modifies the measure of damages in Department of Transportation condemnation actions to reference the general condemnation statute (G.S. 40A-63 and G.S. 40A-64) rather than defining damages separately.

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

  • Authorizes property owners to recover reasonable attorneys' fees and costs if the final judgment exceeds the initial deposit by 25 percent or more, with attorney fees capped at one-third of the difference between the judgment and deposit.

  • Entitles property owners to compensation for partial control of access when existing streets or highways are designated as controlled-access facilities.

  • Requires the Department of Transportation to provide federally-mandated relocation notices between five working days and one working day prior to filing a condemnation action, with different effective dates for each provision ranging from July 1, 2015, to July 1, 2016.

Legislative Description

DOT Condemnation Changes

Last Action

Re-ref to Transportation. If fav, re-ref to Judiciary I

3/30/2015

Committee Referrals

Transportation3/30/2015
Rules and Operations of the Senate3/26/2015

Full Bill Text

No bill text available