§ 166A-11. Compensation. - North Carolina Statutes

§ 166A‑11. Compensation.

(a)        Compensation for services or for the taking or use ofproperty shall be only to the extent that legal obligations of individualcitizens are exceeded in a particular case and then only to the extent that theclaimant has not been deemed to have volunteered his services or propertywithout compensation.

(b)        Compensation for property shall be only if the property wascommandeered, seized, taken, condemned, or otherwise used in coping with adisaster and this action was ordered by the Governor. The State shall makecompensation for the property so seized, taken or condemned on the followingbasis:

(1)        In case property is taken for temporary use, the Governor,within 30 days of the taking, shall fix the amount of compensation to be paidfor such damage or failure to return. Whenever the Governor shall deem itadvisable for the State to take title to property taken under this section, heshall forthwith cause the owner of such property to be notified thereof inwriting by registered mail, postage prepaid, or by the best means available,and forthwith cause to be filed a copy of said notice with the Secretary ofState.

(2)        If the person entitled to receive the amounts so determinedby the Governor as just compensation is unwilling to accept the same as fulland complete compensation for such property or the use thereof, he shall bepaid seventy‑five per centum (75%) of such amount and shall be entitledto recover from the State of North Carolina in an action brought in thesuperior court in the county of residence of claimant, or in Wake County, inthe same manner as other condemnation claims  are brought, within three yearsafter the date of the Governor's award. (1977, c. 848, s. 2.)