§ 40A-40. Notice of action. - North Carolina Statutes

Article 3.

Condemnation by PublicCondemnors.

§ 40A‑40.  Notice ofaction.

(a)        Not less than 30days prior to the filing of a complaint under the provisions of G.S. 40A‑41,a public condemnor listed in G.S. 40A‑3(b) or (c) shall provide notice toeach owner (whose name and address can be ascertained by reasonable diligence)of its intent to institute an action to condemn property. (The notice shall besent to each owner by certified mail, return receipt requested. The providingof notice shall be complete upon deposit of the notice enclosed in a postpaid,properly addressed wrapper in a post office or official depository under theexclusive care and custody of the United States Postal Service. Notice bypublication is not required. Notice to an owner whose name and/or addresscannot be ascertained by reasonable diligence is not required in any manner.)

The notice shall contain ageneral description of the property to be taken and of the amount estimated bythe condemnor to be just compensation for the property to be condemned. Thenotice shall also state the purpose for which the property is being condemnedand the date condemnor intends to file the complaint.

(b)        In the case of acondemnation action to be commenced pursuant to G.S. 40A‑42(a), thenotice required by subsection (a) of this section shall substantially complywith the following requirements:

(1)        The notice shall beprinted in at least 12 point bold legible type.

(2)        The words"Notice of condemnation" or similar words shall conspicuously appearon the notice.

(3)        The notice shallinclude the information required by subsection (a) of this section.

(4)        The notice shallcontain a plain language summary of the owner's rights, including:

a.         The right tocommence an action for injunctive relief.

b.         The right to answerthe complaint after it has been filed.

(5)        The notice shallinclude a statement advising the owner to consult with an attorney regardingthe owner's rights.

An owner is entitled to no reliefbecause of any defect or inaccuracy in the notice unless the owner was actuallyprejudiced by the defect or inaccuracy, and the owner is otherwise entitled torelief under Rules 55(d) or 60(b) of the North Carolina Rules of CivilProcedure or other applicable law. (1981, c. 919, s. 1; 1981(Reg. Sess., 1982), c. 1243, s. 3; 1999‑410, s. 1.)