GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	2 

HOUSE BILL 644*
Committee Substitute Favorable 4/23/99 

Short Title:  "Quick Take"Notice of Appeal.	(Public)

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Sponsors:

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Referred to:  

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March 29, 1999

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A PUBLIC CONDEMNOR USING "QUICK TAKE"IN AN EMINENT DOMAIN ACTION SHALL INCLUDE A NOTICE OF OWNER'S RIGHTS IN THE NOTICE OF ACTION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 40A-40 reads as rewritten:
"§ 40A-40.  Notice of action.
Not less than 30 days prior to the filing of a complaint under the provisions of G.S. 40A-41, a public condemnor listed in G.S. 40A-3(b)	or (c) shall provide notice to each owner (whose name and address can be ascertained by reasonable diligence) of its intent to institute an action to condemn property. (The notice shall be sent to each owner by certified mail, return receipt requested. The providing of notice shall be complete upon deposit of the notice enclosed in a postpaid, properly addressed wrapper in a post office or official depository under the exclusive care and custody of the United States Postal Service. Notice by publication is not required. Notice to an owner whose name and/or address cannot be ascertained by reasonable diligence is not required in any manner.)
The notice shall contain a general description of the property to be taken and of the amount estimated by the condemnor to be just compensation for the property to be condemned. The notice shall also state the purpose for which the property is being condemned, the date condemnor intends to file the complaint, and in the case of a condemnation action to be commenced pursuant to G.S. 40A-42(a), a summary of the owner's rights including the right to commence an action for injunctive relief and the right to answer the complaint."
Section 2.  This act becomes effective October 1, 1999, and applies to notices of action sent on or after that date.