NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1137

SENATE BILL 703

 

 

AN ACT TO AMEND CHAPTER 160 OF THE GENERAL STATUTES TO AWARD COSTS TO THE OWNER IN CERTAIN CONDEMNATION ACTIONS AND TO AUTHORIZE THE PURCHASE OF UNECONOMIC REMNANTS RESULTING FROM ACQUISITIONS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 160 of the General Statutes is hereby amended by adding a new section to be designated as Section 160-205.2 and to read as follows:

"§ 160-205.2.  Remnants in condemnations. — The court having jurisdiction of an action instituted by a city or an agency, board or commission of a city to acquire any interest in 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 the final judgment in the action is that the city or agency, board or commission of a city cannot acquire such real property or interest therein by condemnation, or if the proceeding is abandoned by the city, agency, board or commission of a city.

The judge rendering a judgment for the plaintiff in a proceeding brought under Chapter 40 of the General Statutes awarding compensation for the taking of property by a city or an agency, board or commission of a city shall determine and award or allow to such plaintiff, as a part of such judgment, such sum as will in the opinion of the court reimburse such plaintiff for his reasonable cost, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding.

A city or agency, board or commission of a city may offer to acquire the entire tract or parcel of an owner where the acquisition of only a part thereof would leave the owner with an uneconomic remnant."

Sec. 2.  This act shall become effective upon ratification.

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