NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1102

SENATE BILL 660

 

 

AN ACT TO AMEND G.S. 136-119 TO AUTHORIZE THE AWARD OF COST OF ATTORNEYS, APPRAISALS AND ENGINEERING TO THE OWNER IN INVERSE CONDEMNATION ACTIONS, ACTIONS ABANDONED AND THOSE STARTED WITHOUT AUTHORITY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 136-119 is hereby amended by adding two new paragraphs at the end to read as follows:

"The court having jurisdiction of the condemnation action instituted by the State Highway Commission to acquire real property by condemnation shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for his reasonable cost, disbursements, and expenses, including reasonable attorney fees, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if (i) the final judgment is that the State Highway Commission cannot acquire real property by condemnation; or (ii) the proceeding is abandoned by the State Highway Commission.

The judge rendering a judgment for the plaintiff in a proceeding brought under G.S. 136‑111 awarding compensation for the taking of property, shall determine and award or allow to such plaintiff, as a part of such judgment, such sum as will in the opinion of the Judge reimburse such plaintiff for his reasonable cost, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding."

Sec. 2.  This act shall not affect pending litigation.

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.