North Carolina General Statutes 40A-81. Additional information required in petition or complaint filed
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Terms Used In North Carolina General Statutes 40A-81
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Condemnation: means the procedure prescribed by law for exercising the power of eminent domain. See North Carolina General Statutes 40A-2
- conservation easement: means a conservation or historic preservation easement that meets all of the following criteria, as each of the criteria are defined under 26 U. See North Carolina General Statutes 40A-80
- Eminent domain: means the power to divest right, title or interest from the owner of property and vest it in the possessor of the power against the will of the owner upon the payment of just compensation for the right, title or interest divested. See North Carolina General Statutes 40A-2
- Property: means any right, title, or interest in land, including leases and options to buy or sell. See North Carolina General Statutes 40A-2
Any public entity that acts to exercise the power of eminent domain on property encumbered by a conservation easement shall initiate the action as required by this Chapter or Chapter 136 of the N.C. Gen. Stat. as applicable. The complaint filed as required by those Chapters also shall include a statement that alleges that there is no prudent and feasible alternative to condemnation of the property encumbered by the conservation easement. (2009-439, s. 1.)