§ 40A-7. Acquisition of whole parcel or building. - North Carolina Statutes

§40A‑7.  Acquisition of whole parcel or building.

(a)        When the proposedproject requires condemnation of only a portion of a parcel of land leaving aremainder of such shape, size or condition that it is of little value, acondemnor may acquire the entire parcel by purchase or condemnation. If theremainder is to be condemned the petition filed under the provisions of G.S.40A‑20 or the complaint filed under the provisions of G.S. 40A‑41shall include:

(1)        A determination bythe condemnor that a partial taking of the land would substantially destroy theeconomic value or utility of the remainder; or

(2)        A determination bythe condemnor that an economy in the expenditure of public funds will bepromoted by taking the entire parcel; or

(3)        A determination by thecondemnor that the interest of the public will be best served by acquiring theentire parcel.

(b)        Residues acquiredunder this section may be sold or disposed  of in any manner provided for thedisposition of property, or may be exchanged for other property needed by thecondemnor.

(c)        When the proposedproject requires condemnation of a portion of a building or other structure,the condemnor may acquire the entire building or structure by purchase orcondemnation, together with the right to enter upon the surrounding land forthe purpose of removing the building or structure. If the entire building is tobe condemned the petition filed under the provisions of G.S. 40A‑20, orthe complaint filed under the provisions of G.S. 40A‑41 shall include adetermination by the condemnor either:

(1)        That an economy inthe expenditure of public funds will be promoted by acquiring the entirebuilding or structure; or

(2)        That it is notfeasible to cut off a portion of the building  or structure without destroyingthe whole; or

(3)        That theconvenience, safety, or improvement of the project will be promoted byacquiring the entire building or structure. Nothing in this subsection shall bedeemed to compel the condemnor to condemn the underlying fee of the portion ofany building or structure that lies outside the project. (1981,c. 919, s. 1.)