§ 40A-84. Compensation for condemnation. - North Carolina Statutes

§ 40A‑84.  Compensationfor condemnation.

In any action to condemnproperty encumbered by a conservation easement, the court shall determine justcompensation pursuant to Article 4 of this Chapter or in accordance withChapter 136 of the General Statutes, as applicable, by first determining thevalue of the property taken as a whole, unencumbered by the conservationeasement, as well as any other, separately owned interest in the property. Thecourt shall allocate the just compensation award between or among any holdersof the conservation easement and any owners of the property as provided by theeasement agreement or, if the agreement fails to address the issue, as thejudge finds equitable based upon evidence to include the opinion of a realestate valuation expert with experience in the valuation of conservationeasements. Any party may demand trial by jury on the issue of total justcompensation for the taking.  (2009‑439, s. 1.)