NC General Statutes

N.C. Gen. Stat. § 136-104 (2026)

Vesting of title and right of possession; recording memorandum or supplemental memorandum of action

✓ current as of July 2026

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Upon the filing of the complaint and the declaration of taking and deposit in court, to the use of the person entitled thereto, of the amount of the estimated compensation stated in the declaration, title to said land or such other interest therein specified in the complaint and the declaration of taking, together with the right to immediate possession hereof shall vest in the Department of Transportation and the judge shall enter such orders in the cause as may be required to place the Department of Transportation in possession, and said land shall be deemed to be condemned and taken for the use of the Department of Transportation and the right to just compensation therefor shall vest in the person owning said property or any compensable interest therein at the time of the filing of the complaint and the declaration of taking and deposit of the money in court, and compensation shall be determined and awarded in said action and established by judgment therein.

Where there is a life estate and a remainder either vested or contingent, in lieu of the investment of the proceeds of the amount determined and awarded as just compensation to which the life tenant would be entitled to the use during the life estate, the court may in its discretion order the value of said life tenant's share during the probable life of such life tenant be ascertained as now provided by law and paid directly to the life tenant out of the final award as just compensation established by the judgment in the cause and the life tenant may have the relief provided for in G.S. 136-105.

On and after July 1, 1961, the Department of Transportation, at the time of the filing of the complaint and declaration of taking and deposit of estimated compensation, shall record a memorandum of action with the register of deeds in all counties in which the land involved therein is located and said memorandum shall be recorded among the land records of said county. Upon the amending of any complaint and declaration of taking affecting the property taken, the Department of Transportation shall record a supplemental memorandum of action. The memorandum of action shall contain

(1) The names of those persons who the Department of Transportation is informed and believes may have or claim to have an interest in said lands and who are parties to said action;

(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;

(4) The date of institution of said action, the county in which said action is pending, and such other reference thereto as may be necessary for the identification of said action.

As to those actions instituted by the Department of Transportation under the provisions of this Article prior to July 1, 1961, the Department of Transportation shall, on or before October 1, 1961, record a memorandum of action with the register of deeds in all counties in which said land is located as hereinabove set forth; however, the failure of the Department of Transportation to record said memorandum shall not invalidate those actions instituted prior to July 1, 1961. (1959, c. 1025, s. 2; 1961, c. 1084, s. 2; 1963, c. 1156, s. 2; 1973, c. 507, s. 5; 1975, c. 522, s. 1; 1977, c. 464, s. 7.1.)

Notes of Decisions

Cited in 31 cases (5 in the last 5 years), 1964–2025 · leading case: Beroth Oil Co. v. N.C. Dep't of Transp., 808 S.E.2d 488 (N.C. Ct. App. 2017).

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Beroth Oil Co. v. N.C. Dep't of Transp., 808 S.E.2d 488 (N.C. Ct. App. 2017). · cites it 6× “See N.C. Gen. Stat. §§ 136-104 , -108, and -111 (2015); see also Berta v.”

Dep't of Transp. v. M.M. Fowler, Inc., 637 S.E.2d 885 (N.C. 2006). · cites it 4× “§ 136-104 (2005). The right to just compensation vests in the landowner, who may apply to the court for disbursement of the deposit, file an answer requesting a determination of just compensation, or both.”

State v. Johnson, 179 S.E.2d 371 (N.C. 1971). · cites it 6× “" The State did not comply, say the Sherrills, with G.S. § 136-104 which provides that upon "the amending of any complaint and declaration of taking affecting the property taken" a supplemental memorandum of action must be filed with the register of deeds of the county.”

Pelham Realty Corp. v. Bd. of Transp., 279 S.E.2d 826 (N.C. 1981). · cites it 4× “6 The filing of the complaint and the notice of taking must be accompanied by the deposit of the sum of money which the Department estimates to be just compensation for the taking in question.”

Love v. United States, 889 F. Supp. 1548 (E.D.N.C. 1994). · cites it 5× “ended that the United States’ motion for summary judgment be denied; that Dunbar and McCauley and McDonald be granted summary judgment that the United States owns- no interest in the property and that the railroad -conveyed perfect, title to Dunbar by the 1984 quitclaim deed;…”

State v. Forehand, 312 S.E.2d 247 (N.C. Ct. App. 1984). · cites it 4× “Pursuant to N.C. Gen. Stat. § 136-104 (1981), title to the condemned land and the right to immediate possession vests in the DOA as soon as the DOA has filed the complaint and declaration of taking and deposited with the court the estimated compensation.”

Berta v. North Carolina State High. Comm'n, 245 S.E.2d 409 (N.C. Ct. App. 1978). · cites it 4× “Appellants concede that if this action had been instituted by defendant pursuant to G.S. 136-104, they would have no right to intervene since that statute provides that title vests in the Board of Transportation when it files the complaint and declaration of taking and deposits…”

Dep't of Transp. v. Adams Outdoor Adver. of Charlotte Ltd., 785 S.E.2d 151 (N.C. Ct. App. 2016). · cites it 2× “Specifically, plaintiff-DOT argues that it was error for the trial court to hold that the value of the OACA permit should be considered by the finder of fact. We agree. Once land has been deemed condemned and taken for the use of the DOT, "the right to just compensation therefor…”

North Carolina State High. Com'n v. Hettiger, 155 S.E.2d 469 (N.C. 1967). · cites it 8× “G.S. § 136-104, in pertinent part, provides: "Upon the filing of the complaint and the declaration of taking and deposit in court, to the use of the person entitled thereto, of the amount of the estimated compensation stated in the declaration, title to said land or such other…”

Coastland Corp. v. North Carolina Wildlife Resources Comm'n, 517 S.E.2d 661 (N.C. Ct. App. 1999). · cites it 2× “The taking was proper, and because title vested immediately in the State, see N.C. Gen. Stat. § 136-104 (1993), the partition proceeding was rendered moot.”

North Carolina State High. Comm'n v. York Indus. Ctr., Inc., 139 S.E.2d 253 (N.C. 1964). · cites it 2× “” G.S. 136-104. Now the right to compensation rests in the person who owned the land immediately prior to the filing of the complaint and declaration of taking.”

Bd. of Transp. v. Royster, 251 S.E.2d 921 (N.C. Ct. App. 1979). · cites it 2× “” If there is an amendment affecting the property, G.S. 136-104 requires a supplemental memorandum of action.”

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