§ 136-111. Remedy where no declaration of taking filed; recording memorandum of action. - North Carolina Statutes

§136‑111.  Remedy where no declaration of taking filed; recordingmemorandum of action.

Any person whose land orcompensable interest therein has been taken by an intentional or unintentionalact or omission of the Department of Transportation and no complaint anddeclaration of taking has been filed by said Department of Transportation may,within 24 months of the date of the taking of the affected property or interesttherein or the completion of the project involving the taking, whichever shalloccur later, file a complaint in the superior court setting forth the names andplaces of residence of the parties, so far as the same can by reasonablediligence be ascertained, who own or have, or claim to own or have estates orinterests in the said real estate and if any such persons are under a legaldisability, it must be so stated, together with a statement as to anyencumbrances on said real estate; said complaint shall further allege withparticularity the facts which constitute said taking together with the datesthat they allegedly occurred; said complaint shall describe the propertyallegedly owned by said parties and shall describe the area and interestsallegedly taken. Upon the filing of said complaint summons shall issue andtogether with a copy of said complaint be served on the Department ofTransportation as provided by G.S. 1A‑1, Rule 4(j)(4). The allegations ofsaid complaint shall be deemed denied; however, the Department ofTransportation within 60 days of service of summons and complaint may fileanswer thereto, and if said taking is admitted by the Department ofTransportation, it shall, at the time of filing answer, deposit with the courtthe estimated amount of compensation for said taking and notice of said depositshall be given to said owner. Said owner may apply for disbursement of saiddeposit and disbursement shall be made in accordance with the applicableprovisions of G.S. 136‑105 of this Chapter. If a taking is admitted, theDepartment of Transportation shall, within 90 days of the filing of the answerto the complaint, file a map or plat of the land taken. The procedurehereinbefore set out shall be followed for the purpose of determining allmatters raised by the pleadings and the determination of just compensation.

The plaintiff at the time offiling of the complaint shall record a memorandum of action with the registerof deeds in all counties in which the land involved therein is located, saidmemorandum to be recorded among the land records of said county. The memorandumof action shall contain

(1)        The names of thosepersons who the plaintiff is informed and believes may have or claim to have aninterest in said lands and who are parties to said action;

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

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

(4)        The date on whichplaintiff alleges the taking occurred, the date on which said action wasinstituted, the county in which it was instituted, and such other referencethereto as may be necessary for the identification of said action. (1959,c. 1025, s. 2; 1961, c. 1084, s. 6; 1963, c. 1156, s. 8; 1965, c. 514, ss. 1, 11/2; 1971, c. 1195; 1973, c. 507, s. 5; 1977, c. 464, ss. 7.1, 29; 1985, c.182.)