Senate committee substitute to the 1st edition makes the following changes. Amends GS 40A-28(d1) by also requiring that, in addition to a lack of dispute as to title, a person named in a complaint does not challenge the condemnor’s right to acquire the subject property before that person can apply for disbursement of money deposited in the court as full compensation or as a credit against just compensation without prejudice to further proceedings.
PRIVATE CONDEMNATION/WITHDRAW DEPOSIT.
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO ALLOW DISBURSEMENT WITHOUT PREJUDICE OF ALL OR A PORTION OF THE DEPOSIT MADE BY A CONDEMNOR IN A PRIVATE CONDEMNATION PROCEEDING.Intro. by Sawrey, Craven, B. Newton.
Bill History:
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Wed, 8 Mar 2023 Senate: Filed
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Thu, 9 Mar 2023 Senate: Passed 1st Reading
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Thu, 9 Mar 2023 Senate: Ref To Com On Rules and Operations of the Senate
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Mon, 27 Mar 2023 Senate: Withdrawn From Com
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Mon, 27 Mar 2023 Senate: Withdrawn From Com
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Wed, 29 Mar 2023 Senate: Reptd Fav Com Substitute
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Wed, 29 Mar 2023 Senate: Com Substitute Adopted
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Wed, 29 Mar 2023 Senate: Re-ref Com On Rules and Operations of the Senate
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Mon, 3 Apr 2023 Senate: Reptd Fav
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Tue, 4 Apr 2023 Senate: Passed 2nd Reading
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Tue, 4 Apr 2023 Senate: Passed 3rd Reading
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Wed, 5 Apr 2023 Senate: Regular Message Sent To House
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Wed, 5 Apr 2023 House: Regular Message Received From Senate
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Thu, 6 Apr 2023 House: Passed 1st Reading
Bill Summaries:
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Bill S 228 (2023-2024)Summary date: Mar 29 2023 - View Summary
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Bill S 228 (2023-2024)Summary date: Mar 8 2023 - View Summary
Amends GS 40A-28 by adding that if there is no dispute as to title to property, the person named in the condemnation complaint may apply to the court for disbursement of the money the condemnor deposited in the court as full compensation or as a credit against just compensation without prejudice to further proceedings in the cause to determine just compensation. Requires, when such an application is made, that the judge or clerk order that the money deposited be paid to the person entitled to it. Gives the judge or clerk the power to make such an order with respect to encumbrances, liens, rents, taxes, assessments, insurance, and other charges, as is just and equitable. Provides that it is not necessary to give notice to the condemnor of the hearing upon the application for disbursement. Applies to condemnation proceedings initiated on or after October 1, 2023.