§ 40A-65. Effect of condemnation procedure on value.

217 words·~1 min read·/nc/chapter-40a/40a-65

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The value of the property taken, or of the entire tract if there is a partial taking, does not include an increase or decrease in value before the date of valuation that is caused by

(i)the proposed improvement or project for which the property is taken;

(ii)the reasonable likelihood that the property would be acquired for that improvement or project; or

(iii)the condemnation proceeding in which the property is taken.

(b)If before completion the project is expanded or changed to require the taking of additional property, the fair market value of the additional property does not include a decrease in value before the date of valuation caused by any of the factors described in subsection (a), but does include an increase in value before the date on which it became reasonably likely that the expansion or change of the project would occur, if the increase is caused by any of the factors described in subsection (a).

(c)Notwithstanding subsections

(a)and (b), a decrease in value before the date of valuation which is caused by physical deterioration of the property within the reasonable control of the property owner, and by his unjustified neglect, may be considered in determining value. (1981, c. 919, s. 1.)