§ 40A-20. Petition filed; contents. - North Carolina Statutes

§40A‑20.  Petition filed; contents.

For the purpose of acquiringproperty a condemnor listed in G.S. 40A‑3(a), or the owner of theproperty sought to be condemned, may present a petition to the clerk of thesuperior court of any county in which the real estate described in the petitionis situated, praying for the appointment of commissioners of appraisal. Thepetition shall be signed and verified. If filed by the condemnor, it mustcontain a description of the property which the condemnor seeks to acquire; andit must state that the condemnor is duly incorporated, and that it is itsintention in good faith to conduct and carry on the public business authorizedby its charter, stating in detail the nature of its public business, and thespecific use of the property; and that the property described in the petitionis required for the purpose of conducting the proposed business. The petition,if filed by the condemnor, must also contain a statement as to whether theowner will be permitted to remove all or a specified portion of any buildings,structures, permanent improvements, or fixtures situated on or affixed to theland. The petition, whether filed by the condemnor or the owner, must alsostate the names and places of residence of all other owners, so far as the samecan by reasonable diligence be ascertained, or those who claim to be owners ofthe property. If any such persons are infants, their ages, as near as may beknown, must be stated; and if any such persons are incompetents, inebriates orare unknown, that fact must be stated, together with any other allegations andstatements of liens or encumbrances on the property which the condemnor or theowner may see fit to make.

Nothing in this section shallin any manner affect an owner's common‑law right to bring an action intort for damage to his property. (1871‑2, c. 138, s. 14;Code, s. 1944; 1893, c. 396; Rev., s. 2580; 1907, c. 783, s. 3; C.S., s. 1716;1981, c. 919, s. 1.)