N.C. Gen. Stat. » Chapter 136

N.C. Gen. Stat. § 136-112

Measure of damages

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The following shall be the measure of damages to be followed by the commissioners, jury or judge who determines the issue of damages:

(1) Where only a part of a tract is taken, the measure of damages for said taking shall be the difference between the fair market value of the entire tract immediately prior to said taking and the fair market value of the remainder immediately after said taking, with consideration being given to any special or general benefits resulting from the utilization of the part taken for highway purposes.

(2) Where the entire tract is taken the measure of damages for said taking shall be the fair market value of the property at the time of taking. (1959, c. 1025, s. 2.)

 

Notes of Decisions
Cited in 70 cases (3 in the last 5 years), 1961–2025 · leading case: Department of Transportation v. Rowe
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Department of Transportation v. Rowe (2001) nc · cites it 81× “Within that article is N.C.G.S. § 136-112, “Measure of Damages.” That statute specifically sets out, as previously noted, that just compensation is determined by the fair market value of the property immediately before the taking and immediately after the taking with…”
Department of Transportation v. Rowe (2000) ncctapp · cites it 246× “Our General Assembly has set out in N.C. Gen.Stat. § 136-112 the method for determining just compensation where property is taken by DOT.”
Department of Transportation v. M.M. Fowler, Inc. (2006) nc · cites it 34× “Rather, the issue is whether the jury may consider, in its determination of fair market value under N.C.G.S. § 136-112, the diminution in value caused by a taking that renders a tract less valuable for the highest and best use to which it is adapted and used.”
Dep't of Transp. v. Adams Outdoor Advert. of Charlotte Ltd. P'ship (2017) nc · cites it 18× “Section 136-112 is the only provision in Article 9 specifying the measure of damages when DOT condemns property.”
Bumpers v. Cmty. Bank of N. Va. (2013) nc · cites it 6× “N.C.G.S. § 136-112(2) (2011). The term market value has been defined as the actual sale price “by a seller willing but not obliged to sell, to a buyer willing but not obligated to buy.”
Department of Transportation v. Mahaffey (2000) ncctapp · cites it 26× “At the hearing, the trial court granted DOT’s Rule 12(b)(6) motion, dismissed Defendants’ inverse condemnation claim, and held the measure of damages set forth in N.C. Gen. Stat. § 136-112 was constitutional.”
Kirby v. North Carolina Department of Transportation (2016) nc · cites it 3× “2d at 110-11 (citations omitted); see N.C.G.S. § 136-112(1) (2015). “Obviously, not every act or happening injurious to the landowner, his property, or his use thereof is compensable.”
Department of Transportation v. Rowe (1999) nc · cites it 6× “On 17 May 1996 defendants filed an answer contending that the “special and general benefits” provision of the condemnation statute, N.C.G.S. § 136-112(1) (1993), denied them equal protection in violation of the North Carolina and United States Constitutions.”
Town of Nags Head v. Richardson (2018) ncctapp · cites it 20× “” N.C. Gen. Stat. § 136-112 (1) (2017). If an entire tract is condemned, the condemnee is entitled to “the fair market value of the property at the time of taking.”
N.C. Dep't of Transp. v. Mission Battleground Park, DST (2018) nc · cites it 3× “N.C.G.S. § 136-112(1) explicitly states that, when only part of a tract of land is taken, damages are determined by calculating the difference between the fair market value of the entire tract of land before the taking and the fair market value of the remaining tract of land…”
Beroth Oil Co. v. N.C. Dep't of Transp. (2017) ncctapp · cites it 4× “The measure of damages can then be determined by a jury pursuant to N.C. Gen. Stat. § 136-112 , to which the trial court shall add interest accrued from the date of the taking to the date of judgment pursuant to N.”
Department of Transportation v. McDarris (1983) ncctapp · cites it 12× “N.C. Gen. Stat. § 136-112 (1981) provides, in pertinent part: The following shall be the measure of damages to be followed by the commissioners, jury or judge who determines the issue of damages: (1) Where only a part of a tract is taken, the measure of damages for said taking…”
Show all 70 citing cases →
— N.C. Gen. Stat. § 136-112(1) — 37 cases
Department of Transportation v. Rowe (2001) nc “Within that article is N.C.G.S. § 136-112, “Measure of Damages.” That statute specifically sets out, as previously noted, that just compensation is determined by the fair market value of the property immediately before the taking and immediately after the taking with…”
Department of Transportation v. Rowe (2000) ncctapp “Our General Assembly has set out in N.C. Gen.Stat. § 136-112 the method for determining just compensation where property is taken by DOT.”
Kirby v. North Carolina Department of Transportation (2016) nc “2d at 110-11 (citations omitted); see N.C.G.S. § 136-112(1) (2015). “Obviously, not every act or happening injurious to the landowner, his property, or his use thereof is compensable.”
Department of Transportation v. Rowe (1999) nc “On 17 May 1996 defendants filed an answer contending that the “special and general benefits” provision of the condemnation statute, N.C.G.S. § 136-112(1) (1993), denied them equal protection in violation of the North Carolina and United States Constitutions.”
Dep't of Transp. v. Adams Outdoor Advert. of Charlotte Ltd. P'ship (2017) nc “Section 136-112 is the only provision in Article 9 specifying the measure of damages when DOT condemns property.”
— N.C. Gen. Stat. § 136-112(1)(1981) — 1 case
Lea Co. v. North Carolina Board of Transportation (1982) ncctapp
— N.C. Gen. Stat. § 136-112(2) — 7 cases
Bumpers v. Cmty. Bank of N. Va. (2013) nc “N.C.G.S. § 136-112(2) (2011). The term market value has been defined as the actual sale price “by a seller willing but not obliged to sell, to a buyer willing but not obligated to buy.”
Dep't of Transp. v. Adams Outdoor Advert. of Charlotte Ltd. P'ship (2017) nc “Section 136-112 is the only provision in Article 9 specifying the measure of damages when DOT condemns property.”
Department of Transportation v. Rowe (2000) ncctapp “Our General Assembly has set out in N.C. Gen.Stat. § 136-112 the method for determining just compensation where property is taken by DOT.”
NORTH CAROLINA STATE HIGHWAY COM'N v. Hettiger (1967) nc
North Carolina State Highway Commission v. Hettiger (1967) nc
— N.C. Gen. Stat. § 136-112(2)(1999) — 1 case
Department of Transportation v. Rowe (2000) ncctapp “Our General Assembly has set out in N.C. Gen.Stat. § 136-112 the method for determining just compensation where property is taken by DOT.”
— N.C. Gen. Stat. § 136-112(l) — 1 case
Department of Transportation v. Rowe (2000) ncctapp “Our General Assembly has set out in N.C. Gen.Stat. § 136-112 the method for determining just compensation where property is taken by DOT.”
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