Bill Summary for H 127 (2015-2016)

Printer-friendly: Click to view

Summary date: 

Mar 2 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 127 (Public) Filed Monday, March 2, 2015
AN ACT TO MODIFY THE MEASURE OF DAMAGES IN A CONDEMNATION ACTION INITIATED BY THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT INTEREST ON A DOT CONDEMNATION AWARD SHALL BE PAID FROM THE DATE OF TAKING UNTIL THE DATE THE JUDGMENT IS PAID; TO AUTHORIZE A DEFENDANT IN SUCH AN ACTION TO RECOVER ATTORNEYS' FEES AND COSTS IF THE JUDGMENT EXCEEDS THE DEPOSIT BY TWENTY-FIVE PERCENT OR MORE; AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL SEND ANY RELOCATION NOTICE REQUIRED BY FEDERAL LAW WITHIN A SPECIFIED PERIOD OF TIME.
Intro. by Stam, Jackson, Bryan.

View: All Summaries for BillTracking:

Bill 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.