A public condemnor listed inG.S. 40A‑3(b) or (c) shall institute a civil action to condemn propertyby filing in the superior court of any county in which the land is located acomplaint containing a declaration of taking declaring that property therein isthereby taken for the use of the condemnor.
The complaint shall contain orhave attached thereto the following:
(1) A statement of theauthority under which and the public use for which the property is taken;
(2) A description of theentire tract or tracts of land affected by the taking sufficient for theidentification thereof;
(3) A statement of theproperty taken and a description of the area taken sufficient for theidentification thereof;
(4) The names andaddresses of those persons who the condemnor is informed and believes may beor, claim to be, owners of the property so far as the same can by reasonablediligence be ascertained, and if any such persons are infants, incompetents,inebriates or under any other disability, or their whereabouts or namesunknown, it must be so stated;
(5) A statement of thesum of money estimated by the condemnor to be just compensation for the taking;and
(6) A statement as towhether the owner will be permitted to remove all or a specified portion of anytimber, buildings, structures, permanent improvements, or fixtures situated onor affixed to the property.
(7) A statement as tosuch liens or other encumbrances as the condemnor is informed and believes areencumbrances upon the property and can by reasonable diligence be ascertained.
(8) A prayer that therebe a determination of just compensation in accordance with the provisions ofthis Article.
The filing of the complaint shallbe accompanied by the deposit to the use of the owner of the sum of moneyestimated by the condemnor to be just compensation for the taking. Upon thefiling of the complaint and the deposit of said sum, summons shall be issued toeach owner of the property. The summons, together with a copy of the complaintand notice of the deposit shall be served upon the person named therein in themanner provided for the service of process under the provisions of G.S. 1A‑1,Rule 4. The condemnor may amend the complaint and may increase the amount ofits deposit with the court at any time while the proceeding is pending, and theowner shall have the same rights of withdrawal of this additional amount as setforth in G.S. 40A‑44 of this Chapter. (1935, c. 470, ss. 4, 5;1947, c. 781; 1971, c. 382, s. 1; 1981, c. 919, s. 1.)
A public condemnor listed inG.S. 40A‑3(b) or (c) shall institute a civil action to condemn propertyby filing in the superior court of any county in which the land is located acomplaint containing a declaration of taking declaring that property therein isthereby taken for the use of the condemnor.
The complaint shall contain orhave attached thereto the following:
(1) A statement of theauthority under which and the public use for which the property is taken;
(2) A description of theentire tract or tracts of land affected by the taking sufficient for theidentification thereof;
(3) A statement of theproperty taken and a description of the area taken sufficient for theidentification thereof;
(4) The names andaddresses of those persons who the condemnor is informed and believes may beor, claim to be, owners of the property so far as the same can by reasonablediligence be ascertained, and if any such persons are infants, incompetents,inebriates or under any other disability, or their whereabouts or namesunknown, it must be so stated;
(5) A statement of thesum of money estimated by the condemnor to be just compensation for the taking;and
(6) A statement as towhether the owner will be permitted to remove all or a specified portion of anytimber, buildings, structures, permanent improvements, or fixtures situated onor affixed to the property.
(7) A statement as tosuch liens or other encumbrances as the condemnor is informed and believes areencumbrances upon the property and can by reasonable diligence be ascertained.
(8) A prayer that therebe a determination of just compensation in accordance with the provisions ofthis Article.
The filing of the complaint shallbe accompanied by the deposit to the use of the owner of the sum of moneyestimated by the condemnor to be just compensation for the taking. Upon thefiling of the complaint and the deposit of said sum, summons shall be issued toeach owner of the property. The summons, together with a copy of the complaintand notice of the deposit shall be served upon the person named therein in themanner provided for the service of process under the provisions of G.S. 1A‑1,Rule 4. The condemnor may amend the complaint and may increase the amount ofits deposit with the court at any time while the proceeding is pending, and theowner shall have the same rights of withdrawal of this additional amount as setforth in G.S. 40A‑44 of this Chapter. (1935, c. 470, ss. 4, 5;1947, c. 781; 1971, c. 382, s. 1; 1981, c. 919, s. 1.)
A public condemnor listed inG.S. 40A‑3(b) or (c) shall institute a civil action to condemn propertyby filing in the superior court of any county in which the land is located acomplaint containing a declaration of taking declaring that property therein isthereby taken for the use of the condemnor.
The complaint shall contain orhave attached thereto the following:
(1) A statement of theauthority under which and the public use for which the property is taken;
(2) A description of theentire tract or tracts of land affected by the taking sufficient for theidentification thereof;
(3) A statement of theproperty taken and a description of the area taken sufficient for theidentification thereof;
(4) The names andaddresses of those persons who the condemnor is informed and believes may beor, claim to be, owners of the property so far as the same can by reasonablediligence be ascertained, and if any such persons are infants, incompetents,inebriates or under any other disability, or their whereabouts or namesunknown, it must be so stated;
(5) A statement of thesum of money estimated by the condemnor to be just compensation for the taking;and
(6) A statement as towhether the owner will be permitted to remove all or a specified portion of anytimber, buildings, structures, permanent improvements, or fixtures situated onor affixed to the property.
(7) A statement as tosuch liens or other encumbrances as the condemnor is informed and believes areencumbrances upon the property and can by reasonable diligence be ascertained.
(8) A prayer that therebe a determination of just compensation in accordance with the provisions ofthis Article.
The filing of the complaint shallbe accompanied by the deposit to the use of the owner of the sum of moneyestimated by the condemnor to be just compensation for the taking. Upon thefiling of the complaint and the deposit of said sum, summons shall be issued toeach owner of the property. The summons, together with a copy of the complaintand notice of the deposit shall be served upon the person named therein in themanner provided for the service of process under the provisions of G.S. 1A‑1,Rule 4. The condemnor may amend the complaint and may increase the amount ofits deposit with the court at any time while the proceeding is pending, and theowner shall have the same rights of withdrawal of this additional amount as setforth in G.S. 40A‑44 of this Chapter. (1935, c. 470, ss. 4, 5;1947, c. 781; 1971, c. 382, s. 1; 1981, c. 919, s. 1.)
