NC General Statutes

N.C. Gen. Stat. § 136-103 (2026)

Institution of action and deposit

✓ current as of July 2026

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(a) In case condemnation shall become necessary the Department of Transportation shall institute a civil action by filing in the superior court of any county in which the land is located a complaint and a declaration of taking declaring that such land, easement, or interest therein is thereby taken for the use of the Department of Transportation.

(b) Said declaration shall contain or have attached thereto the following:

(1) A statement of the authority under which and the public use for which said land is taken.

(2) A description of the entire tract or tracts affected by said taking sufficient for the identification thereof.

(3) A statement of the estate or interest in said land taken for public use and a description of the area taken sufficient for the identification thereof.

(4) The names and addresses of those persons who the Department of Transportation is informed and believes may have or claim to have an interest in said lands, so far as the same can by reasonable diligence be ascertained and if any such persons are infants, non compos mentis, under any other disability, or their whereabouts or names unknown, it must be so stated.

(5) A statement of the sum of money estimated by said Department of Transportation to be just compensation for said taking.

(1) A statement of the authority under which and the public use for which said land is taken.

(2) A description of the entire tract or tracts affected by said taking sufficient for the identification thereof.

(3) A statement of the estate or interest in said land taken for public use and a description of the area taken sufficient for the identification thereof.

(5) A statement as to such liens or other encumbrances as the Department of Transportation is informed and believes are encumbrances upon said real estate and can by reasonable diligence be ascertained.

(6) A prayer that there be a determination of just compensation in accordance with the provisions of this Article.

(d) The filing of said complaint and said declaration of taking shall be accompanied by the deposit of the sum of money estimated by said Department of Transportation to be just compensation for said taking and upon the filing of said complaint and said declaration of taking and deposit of said sum, summons shall be issued and together with a copy of said complaint and said declaration of taking and notice of the deposit be served upon the person named therein in the manner now provided for the service of process in civil actions. The Department of Transportation may amend the complaint and declaration of taking and may increase the amount of its deposit with the court at any time while the proceeding is pending, and the owner shall have the same rights of withdrawal of 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.)

§ 136-103.1: Repealed by Session Laws 2015-241, s. 29.8(c), effective July 1, 2015.

Notes of Decisions

Cited in 48 cases (8 in the last 5 years), 1963–2025 · leading case: Dep't of Transp. v. Adams Outdoor Adver. of Charlotte Ltd., 785 S.E.2d 151 (N.C. Ct. App. 2016).

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Dep't of Transp. v. Adams Outdoor Adver. of Charlotte Ltd., 785 S.E.2d 151 (N.C. Ct. App. 2016). · cites it 23× “N.C. Gen.Stat. § 136-103 further dictates that the complaint and declaration describe the "entire tract or tracts affected" and the "estate or interest in said land.”

Dep't of Transp. v. Adams Outdoor Advert. of Charlotte Ltd. P'ship, 804 S.E.2d 486 (N.C. 2017). · cites it 6× “Classification of Billboard Article 9 sets forth the procedures by which the DOT may condemn property, see N.C.G.S. §§ 136-103 to -121.1 (2015 & Supp.”

Dep't of Transp. v. Charlotte Area Manufactured Hous., Inc., 586 S.E.2d 780 (N.C. Ct. App. 2003). · cites it 6× “On 2 November 1998, DOT brought these two condemnation actions for the acquisition of a new highway right of way over two parcels of the defendant’s land and posted bonds pursuant to N.C.G.S. § 136-103 (2001). On 3 November 1999, the defendant answered and asserted that the…”

Dep't of Transp. v. M.M. Fowler, Inc., 637 S.E.2d 885 (N.C. 2006). · cites it 4× “§ 136-103(a) (2005). DOT must include in its complaint, inter alia, a prayer for determination of just compensation.”

Pelham Realty Corp. v. Bd. of Transp., 279 S.E.2d 826 (N.C. 1981). · cites it 8× “See generally G.S. §§ 136-103 to -121.1 (1981). Specifically, G.”

State High. Comm'n v. Matthis, 163 S.E.2d 35 (N.C. Ct. App. 1968). · cites it 9× “136-19; G.S. 136-103. Prior to 1 July 1960, the State Highway Commission was authorized to institute eminent domain proceedings pursuant to the authority granted by the former provisions of G.”

North Carolina Dep't of Transp. v. Haywood Cnty., 626 S.E.2d 645 (N.C. 2006). · cites it 3× “Pursuant to N.C.G.S. § 136-103, on 22 January 2001, plaintiff filed a Complaint, Declaration of Taking, and Notice of Deposit.”

Wright v. Town of Matthews, 627 S.E.2d 650 (N.C. Ct. App. 2006). · cites it 2× “Petitioners argue that the evidence is insufficient to support the Board’s findings and conclusion that Home Place is a public street.”

City of Charlotte v. Univ. Fin. Props., LLC, 818 S.E.2d 116 (N.C. Ct. App. 2018). · cites it 13× “In addition, defendant argues that plaintiff has no right to decrease its deposit under N.C. Gen. Stat. § 136-103 (2017), so trial court's *122 order deprived it of the protection of this statute as well.”

State v. Forehand, 312 S.E.2d 247 (N.C. Ct. App. 1984). · cites it 4× “N.C. Gen. Stat. § 136-103 (1981). N.C. Gen.”

Dep't of Transp. v. Rowe, 531 S.E.2d 836 (N.C. Ct. App. 2000). · cites it 4× “N.C. Gen.Stat. § 136-103, et seq. Where an entire tract is taken, the measure of damages is "the fair market value of the property at the time of taking.”

North Carolina Dep't of Transp. v. Cromartie, 716 S.E.2d 361 (N.C. Ct. App. 2011). · cites it 2× “As required by N.C. Gen. Stat. § 136-103 (d), DOT deposited with the clerk of superior court $41,600.”

Show all 48 citing cases →

— N.C. Gen. Stat. § 136-103(a) — 3 cases

Dep't of Transp. v. M.M. Fowler, Inc., 637 S.E.2d 885 (N.C. 2006). “§ 136-103(a) (2005). DOT must include in its complaint, inter alia, a prayer for determination of just compensation.”

Dep't of Transp. v. Adams Outdoor Adver. of Charlotte Ltd., 785 S.E.2d 151 (N.C. Ct. App. 2016). “N.C. Gen.Stat. § 136-103 further dictates that the complaint and declaration describe the "entire tract or tracts affected" and the "estate or interest in said land.”

Dep't of Transp. v. Stimpson, 813 S.E.2d 634 (N.C. Ct. App. 2018).

— N.C. Gen. Stat. § 136-103(b)(2) — 1 case

Sanders v. N.C. Dep't of Transp. (N.C. 2025).

— N.C. Gen. Stat. § 136-103(b)(3) — 1 case

State v. Coastland Corp., 517 S.E.2d 655 (N.C. Ct. App. 1999).

— N.C. Gen. Stat. § 136-103(b)(5) — 3 cases

Dep't of Transp. v. Mountain Vills. (N.C. Ct. App. 2022).

— N.C. Gen. Stat. § 136-103(c) — 1 case

Dep't of Transp. v. M.M. Fowler, Inc., 637 S.E.2d 885 (N.C. 2006). “§ 136-103(a) (2005). DOT must include in its complaint, inter alia, a prayer for determination of just compensation.”

— N.C. Gen. Stat. § 136-103(c)(1) — 1 case

— N.C. Gen. Stat. § 136-103(c)(2) — 1 case

— N.C. Gen. Stat. § 136-103(c)(6) — 3 cases

Dep't of Transp. v. Mountain Vills. (N.C. Ct. App. 2022).

— N.C. Gen. Stat. § 136-103(d) — 6 cases

Dep't of Transporation v. Ashcroft Dev., LLC, 788 S.E.2d 684 (N.C. Ct. App. 2016).

City of Charlotte v. Univ. Fin. Props., LLC, 818 S.E.2d 116 (N.C. Ct. App. 2018). “In addition, defendant argues that plaintiff has no right to decrease its deposit under N.C. Gen. Stat. § 136-103 (2017), so trial court's *122 order deprived it of the protection of this statute as well.”

Sanders v. N.C. Dep't of Transp. (N.C. 2025).

Dep't of Transp. v. Mountain Vills. (N.C. Ct. App. 2022).

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