UNC
SCHOOL OF GOVERNMENT
The Daily Bulletin: Wednesday, March 25, 2015
PUBLIC/HOUSE BILLS
H 127 (2015-2016) DOT CONDEMNATION CHANGES. Filed Mar 2 201 5, AN ACT TO MODIFY THE MEASURE OF
DAMAGES IN A CONDEMNATION ACTION INITIATED BY TIIE DEPARTMENT OF TRANSPORTATION, TO PROVIDE
Til A T INTEREST ON A DOT CONDEMN A TION AWARD SHALL BE PAID FROM THE DA
ТЕ
OF TAKING UNTIL THE
DATE THE JUDGMENT IS PAID; TO AUTHORIZE A DEFENDANT IN SUCH AN ACTION TO RECOVER ATTORNEYS'
FEES AND COSTS IF TIIE 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 LA W WITHIN A SPECIFIED PERIOD OF TIME.
House committee substitute makes the following changes to the 1st edition.
Reinstates, with one exception, the provisions of GS 1 36- 1 1 2, deleted in the 1 st edition. Provides that the measure of
damages in a condemnation action initiated by the Department of Transportation (DOT) where the entire tract of property
is taken would be fair market value of the tract at the time of the taking. Provides that for a taking of less than the entire
tract, the measure of compensation would be the difference between the fair market value of the entire tract immediately
before the taking and the fair market value of the remainder of the tract immediately after the taking, without (was, with)
liny consideration being given to any special or general benefits resulting from the use of the part taken away for
highway purposes.
Makes the changes to GS 136-1 13, regarding interest as just compensation, effective October 1, 2015.
Amends GS 1 36- 1 1 9(b) to direct that the court with jurisdiction of the condemnation action instituted by the DOT to
award right or title to, or interest in, such real property that the court believes will reimburse the owner for reasonable
costs, disbursements, and expenses as specified in GS 40A-8. Provides that in detennining what amount constitutes
reasonable attorneys' fees the judge must consider the extent to which the party has provided to the other party, in
advance of the trial, the written appraisal reports of those witnesses testifying at trial.
Deletes Section 4 of this bill which amended GS 136-44.5 1(b) and would have reduced to 180 days any delay of a
building permit issuance due to the Transportation Corridor Official Map Act.
Also deletes GS 136-89.53, as amended in this act, which would have clarified that land owners are entitled to
compensation for partial control of easements of access by DOT within a controllcd-access facility.
Amends GS 1 36- 1 03(a) to require that the DOT provide written notice of relocation required by federal law together
with the summons, complaint, declaration of taking, and notice of deposit required by GS 136- 103(d). Effective October
1,2015.
Makes conforming changes to the long title to reflect changes to the content of the bill.
Intro, by Stain, Jackson, Bryan.
GS 136
V iew summary
Development, Land Use and Housing, Property and
Housing, Government, State Agencies, Department of
Transportation, Transportation
