§ 40A-51. Remedy where no declaration of taking filed; recording memorandum of action.
§40A‑51. Remedy where no declaration of taking filed; recordingmemorandum of action.
(a) If property hasbeen taken by an act or omission of a condemnor listed in G.S. 40A‑3(b)or (c) and no complaint containing a declaration of taking has been filed theowner of the property, may initiate an action to seek compensation for thetaking. The action may be initiated within 24 months of the date of the takingof the affected property or the completion of the project involving the taking,whichever shall occur later. The complaint shall be filed in the superior courtand shall contain the following: the names and places of residence of allpersons who are, or claim to be, owners of the property, so far as the samecan by reasonable diligence be ascertained; if any persons are under a legaldisability, it must be so stated; a statement as to any encumbrances on theproperty; the particular facts which constitute the taking together with thedates that they allegedly occurred, and; a description of the property taken.Upon the filing of said complaint summons shall issue and together with a copyof the complaint be served on the condemnor. The allegations of said complaintshall be deemed denied; however, the condemnor within 60 days of servicesummons and complaint may file answer thereto. If the taking is admitted by thecondemnor, it shall, at the time of filing the answer, deposit with the courtthe estimated amount of compensation for the taking. Notice of the depositshall be given to the owner. The owner may apply for disbursement of thedeposit and disbursement shall be made in accordance with the applicableprovisions of G.S. 40A‑44. If a taking is admitted, the condemnor shall,within 90 days of the filing of the answer to the complaint, file a map or platof the property taken. The procedure hereinbefore set out in this Article andin Article 4 shall be followed for the purpose of determining all mattersraised by the pleadings and the determination of just compensation.
(b) The owner at thetime of filing of the complaint shall record a memorandum of action with theregister of deeds in all counties in which the property involved is located.The memorandum is to be recorded among the land records of the county. Thememorandum of action shall contain:
(1) The names of thosepersons who the owner is informed and believes to be or claim to be owners ofthe property;
(2) A description of theentire tract or tracts affected by the alleged taking sufficient for theidentification thereof;
(3) A statement of the propertyallegedly taken; and
(4) The date on whichowner alleges the taking occurred, the date on which said action wasinstituted, the county in which it was instituted, and such other referencethereto as may be necessary for the identification of said action.
(c) Nothing in thissection shall in any manner affect an owner's common‑law right to bringan action in tort for damage to his property. (1981, c. 919, s. 1.)