Company: North Carolina General Assembly

North Carolina Attorney General Opinion

§ 136‑121.1.  Reimbursement of owner for taxes paid on condemned property.
(a)	A property owner whose property is totally taken in fee simple by any condemning agency (as defined in G.S. 133‑7(1)) exercising the power of eminent domain, under this Chapter or any other statute or charter provision, shall be entitled to reimbursement from the condemning agency of the pro rata portion of real property taxes paid that are allocable to a period subsequent to vesting of title in the agency, or the effective date of possession of the real property, whichever is earlier.
(b)	An owner who meets the following conditions is entitled to reimbursement from the condemning agency for all deferred taxes paid by the owner pursuant to G.S. 105‑277.4(c) as a result of the condemnation:
(1)	The owner is a natural person whose property is taken in fee simple by a condemning agency exercising the power of eminent domain under this Chapter or any other statute.
(2)	The owner also owns agricultural land, horticultural land, or forestland that is contiguous to the condemned property and that is in active production.
A potential condemning agency that seeks to acquire property by gift or purchase shall give the owner written notice of the provisions of this section. The definitions in G.S. 105‑277.2 apply in this subsection. (1975, c. 439, s. 1; 1997‑270, s. 2.)

G.S. 136-121.1		Page