§ 136-104. Vesting of title and right of possession; recording memorandum or supplemental memorandum of action. - North Carolina Statutes

§136‑104.  Vesting of title and right of possession; recording memorandumor supplemental memorandum of action.

Upon the filing of thecomplaint and the declaration of taking and deposit in court, to the use of theperson entitled thereto, of the amount of the estimated compensation stated inthe declaration, title to said land or such other interest therein specified inthe complaint and the declaration of taking, together with the right toimmediate possession hereof shall vest in the Department of portation and thejudge shall enter such orders in the cause as may be required to place theDepartment of Transportation in possession, and said land shall be deemed to becondemned and taken for the use of the Department of Transportation and theright to just compensation therefor shall vest in the person owning saidproperty or any compensable interest therein at the time of the filing of thecomplaint and the declaration of taking and deposit of the money in court, andcompensation shall be determined and awarded in said action and established byjudgment therein.

Where there is a life estateand a remainder either vested or contingent, in lieu of the investment of theproceeds of the amount determined and awarded as just compensation to which thelife tenant would be entitled to the use during the life estate, the court mayin its discretion order the value of said life tenant's share during theprobable life of such life tenant be ascertained as now provided by law andpaid directly to the life tenant out of the final award as just compensationestablished by the judgment in the cause and the life tenant may have therelief provided for in G.S. 136‑105.

On and after July 1, 1961, theDepartment of Transportation, at the time of the filing of the complaint anddeclaration of taking and deposit of estimated compensation, shall record amemorandum of action with the register of deeds in all counties in which theland involved therein is located and said memorandum shall be recorded amongthe land records of said county. Upon the amending of any complaint anddeclaration of taking affecting the property taken, the Department ofTransportation shall record a supplemental memorandum of action. The memorandumof action shall contain

(1)        The names of thosepersons who the Department of Transportation is informed and believes may haveor claim to have an interest in said lands and who are parties to said action;

(2)        A description of theentire tract or tracts affected by said  taking sufficient for theidentification thereof;

(3)        A statement of theestate or interest in said land taken for  public use;

(4)        The date ofinstitution of said action, the county in which said action is pending, andsuch other reference thereto as may be necessary for the identification of saidaction.

As to those actions institutedby the Department of Transportation under the provisions of this Article priorto July 1, 1961, the Department of Transportation shall, on or before October1, 1961, record a memorandum of action with the register of deeds in allcounties in which said land is located as hereinabove set forth; however, thefailure of the Department of Transportation to record said memorandum shall notinvalidate those actions instituted prior to July 1, 1961. (1959,c. 1025, s. 2; 1961, c. 1084, s. 2; 1963, c. 1156, s. 2; 1973, c. 507, s. 5;1975, c. 522, s. 1; 1977, c. 464, s. 7.1.)