§ 40A-65. Effect of condemnation procedure on value. - North Carolina Statutes

§40A‑65.  Effect of condemnation procedure on value.

(a)        The value of theproperty taken, or of the entire tract if there is a partial taking, does notinclude an increase or decrease in value before the date of valuation that iscaused by (i) the proposed improvement or project for which the property istaken; (ii) the reasonable likelihood that the property would be acquired forthat improvement or project; or (iii) the condemnation proceeding in which theproperty is taken.

(b)        If beforecompletion the project is expanded or changed to require the taking ofadditional property, the fair market value of the additional property does notinclude a decrease in value before the date of valuation caused by any of thefactors described in subsection (a), but does include an increase in valuebefore the date  on which it became reasonably likely that the expansion orchange of the project would occur, if the increase is caused by any of thefactors described in subsection (a).

(c)        Notwithstandingsubsections (a) and (b), a decrease in value before the date of valuation whichis caused by physical deterioration of the property within the reasonablecontrol of the property owner, and by his unjustified neglect, may beconsidered in determining value. (1981, c. 919, s. 1.)