Bill Summaries: H127 (2015-2016 Session)

  • Summary date: Mar 25 2015 - View summary

    House committee substitute makes the following changes to the 1st edition.

    Reinstates, with one exception, the provisions of GS 136-112, deleted in the 1st edition. Providesthat the measure of damages in a condemnation action initiated by the Department of Transportation (DOT) where the entire tract of property is taken would be fair market value of the tract at the time of the taking. Provides that for a taking of less than the entire tract, the measure of compensation would be the difference between the fair market value of the entire tract immediately before the taking and the fair market value of the remainder of the tract immediately after the taking, without (was, with) any consideration being given to any special or general benefits resulting from the use of the part taken away for highway purposes.

    Makes the changes to GS 136-113, regarding interest as just compensation, effective October 1, 2015.

    Amends GS 136-119(b) to direct that the court with jurisdiction of the condemnation action instituted by the DOT to award right or title to, or interest in, such real property that the court believes will reimburse the owner for reasonable costs, disbursements, and expenses as specified in GS 40A-8. Provides that in determining what amount constitutes reasonable attorneys' fees the judge must consider the extent to which the party has provided to the other party, in advance of the trial, the written appraisal reports of those witnesses testifying at trial.

    Deletes Section 4 of this bill which amended GS 136-44.51(b) andwould have reduced to 180 days any delay of a building permit issuance due to the Transportation Corridor Official Map Act.

    Also deletes GS 136-89.53, as amended in this act, which would have clarified that land owners are entitled to compensation for partial control of easements of access by DOT within a controlled-access facility.

    Amends GS 136-103(a) to require that the DOT provide written notice of relocation required by federal law together with the summons, complaint, declaration of taking, and notice of deposit required by GS 136-103(d). Effective October 1, 2015.

    Makes conforming changes to the long title to reflect changes to the content of the bill.

  • Summary date: Mar 2 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 can not exceed 1/3 of the difference between the judgment award, plus interest, and the initial deposit. Makes organizational changes. 

    Amends GS 136-44.51(b), concerning the effect of a transportation corridor official map on permit issuance, providing that no application for building permits or subdivision plat approval for a tract subject to a valid transportation corridor official map can be delayed for more than 180 days (was, three years) due to the provisions of GS 136-44.51. Effective July 1, 2015. 

    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.