§ 136-103. Institution of action and deposit.
Article9.
Condemnation.
§ 136‑103. Institutionof action and deposit.
(a) In casecondemnation shall become necessary the Department of Transportation shallinstitute a civil action by filing in the superior court of any county in whichthe land is located a complaint and a declaration of taking declaring that suchland, easement, or interest therein is thereby taken for the use of theDepartment of Transportation.
(b) Said declarationshall contain or have attached thereto the following:
(1) A statement of theauthority under which and the public use for which said land is taken.
(2) A description of theentire tract or tracts affected by said taking sufficient for theidentification thereof.
(3) A statement of theestate or interest in said land taken for public use and a description of thearea taken sufficient for the identification thereof.
(4) The names andaddresses of those persons who the Department of Transportation is informed andbelieves may have or claim to have an interest in said lands, so far as thesame can by reasonable diligence be ascertained and if any such persons areinfants, non compos mentis, under any other disability, or their whereabouts ornames unknown, it must be so stated.
(5) A statement of thesum of money estimated by said Department of Transportation to be justcompensation for said taking.
(c) Said complaintshall contain or have attached thereto the following:
(1) A statement of theauthority under which and the public use for which said land is taken.
(2) A description of theentire tract or tracts affected by said taking sufficient for theidentification thereof.
(3) A statement of theestate or interest in said land taken for public use and a description of thearea taken sufficient for the identification thereof.
(4) The names andaddresses of those persons who the Department of Transportation is informed andbelieves may have or claim to have an interest in said lands, so far as thesame can by reasonable diligence be ascertained and if any such persons areinfants, non compos mentis, under any other disability, or their whereabouts ornames unknown, it must be so stated.
(5) A statement as tosuch liens or other encumbrances as the Department of Transportation isinformed and believes are encumbrances upon said real estate and can byreasonable diligence be ascertained.
(6) A prayer that therebe a determination of just compensation in accordance with the provisions ofthis Article.
(d) The filing of saidcomplaint and said declaration of taking shall be accompanied by the deposit ofthe sum of money estimated by said Department of Transportation to be justcompensation for said taking and upon the filing of said complaint and saiddeclaration of taking and deposit of said sum, summons shall be issued andtogether with a copy of said complaint and said declaration of taking andnotice of the deposit be served upon the person named therein in the manner nowprovided for the service of process in civil actions. The Department ofTransportation may amend the complaint and declaration of taking and mayincrease the amount of its deposit with the court at any time while theproceeding is pending, and the owner shall have the same rights of withdrawalof this additional amount as set forth in G.S. 136‑105 of this Chapter. (1959,c. 1025, s. 2; 1961, c. 1084, s. 1; 1963, c. 1156, s. 1; 1973, c. 507, s. 5;1977, c. 464, s. 7.1; 1997‑456, s. 27.)