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.
Printer-friendly: Click to view
View NCGA Bill Details(link is external) | 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:
-
Wed, 8 Mar 2023 Senate: Filed(link is external)
-
Thu, 9 Mar 2023 Senate: Passed 1st Reading(link is external)
-
Mon, 27 Mar 2023 Senate: Withdrawn From Com(link is external)
-
Mon, 27 Mar 2023 Senate: Withdrawn From Com(link is external)
-
Wed, 29 Mar 2023 Senate: Reptd Fav Com Substitute(link is external)
-
Wed, 29 Mar 2023 Senate: Com Substitute Adopted(link is external)
-
Mon, 3 Apr 2023 Senate: Reptd Fav(link is external)
-
Tue, 4 Apr 2023 Senate: Passed 2nd Reading(link is external)
-
Tue, 4 Apr 2023 Senate: Passed 3rd Reading(link is external)
-
Wed, 5 Apr 2023 Senate: Regular Message Sent To House(link is external)
-
Wed, 5 Apr 2023 House: Regular Message Received From Senate(link is external)
-
Thu, 6 Apr 2023 House: Passed 1st Reading(link is external)
Bill Summaries:
-
Bill S 228 (2023-2024)Summary date: Mar 29 2023 - View Summary
-
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.