§ 40A-7. Acquisition of whole parcel or building.

359 words·~2 min read·/nc/chapter-40a/40a-7

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

(a)When the proposed project requires condemnation of only a portion of a parcel of land leaving a remainder of such shape, size or condition that it is of little value, a condemnor may acquire the entire parcel by purchase or condemnation. If the remainder is to be condemned the petition filed under the provisions of G.S. 40A-20 or the complaint filed under the provisions of G.S. 40A-41 shall include:

(1)A determination by the condemnor that a partial taking of the land would substantially destroy the economic value or utility of the remainder; or

(2)A determination by the condemnor that an economy in the expenditure of public funds will be promoted by taking the entire parcel; or

(3)A determination by the condemnor that the interest of the public will be best served by acquiring the entire parcel.

(b)Residues acquired under this section may be sold or disposed of in any manner provided for the disposition of property, or may be exchanged for other property needed by the condemnor.

(c)When the proposed project requires condemnation of a portion of a building or other structure, the condemnor may acquire the entire building or structure by purchase or condemnation, together with the right to enter upon the surrounding land for the purpose of removing the building or structure. If the entire building is to be condemned the petition filed under the provisions of G.S. 40A-20, or the complaint filed under the provisions of G.S. 40A-41 shall include a determination by the condemnor either:

(1)That an economy in the expenditure of public funds will be promoted by acquiring the entire building or structure; or

(2)That it is not feasible to cut off a portion of the building or structure without destroying the whole; or

(3)That the convenience, safety, or improvement of the project will be promoted by acquiring the entire building or structure. Nothing in this subsection shall be deemed to compel the condemnor to condemn the underlying fee of the portion of any building or structure that lies outside the project. (1981, c. 919, s. 1.)