H.B. 702
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 18, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30269-MW-88
Short Title: DOT Takings Notice to Any Potential Claimant. (Public)
Sponsors: Representative Winslow.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO AMEND THE TRANSPORTATION LAWS OF THE STATE TO REQUIRE THE
3 DEPARTMENT OF TRANSPORTATION TO SERVE NOTICE OF TAKING TO ANY
4 POTENTIAL CLAIMANT, INCLUDING A TENANT OR LEASEHOLDER.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. G.S. 136-103(d) reads as rewritten:
7 "(d) The filing of said complaint and said declaration of taking shall be accompanied by
8 the deposit of the sum of money estimated by said Department of Transportation to be just
9 compensation for said taking and upon the filing of said complaint and said declaration of taking
10 and deposit of said sum, summons shall be issued and together with a copy of said complaint and
11 said declaration of taking and notice of the deposit be served upon the person named therein any
12 owner, lienholder, tenant, leaseholder, and any person who reasonably appears to be a potential
13 claimant in the manner now provided for the service of process in civil actions. The Department
14 of Transportation may amend the complaint and declaration of taking and may increase the
15 amount of its deposit with the court at any time while the proceeding is pending, and the owner
16 shall have the same rights of withdrawal of this additional amount as set forth in G.S. 136-105
17 of this Chapter."
18 SECTION 2. This act is effective when it becomes law and applies to condemnation
19 actions filed on or after that date.
*DRH30269-MW-88*


Statutes affected:
Filed: 136-103
Edition 1: 136-103