N.C. Gen. Stat. » Chapter 136
NC General Statutes

N.C. Gen. Stat. § 136-121 (2026)

Refund of deposit

✓ current as of July 2026
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In the event the amount of the final judgment is less than the amount deposited by the Department of Transportation pursuant to the provisions of this Article, the Department of Transportation shall be entitled to recover the excess of the amount of the deposit over the amount of the final judgment and court costs incident thereto: Provided, however, in the event there are not sufficient funds on deposit to cover said excess the Department of Transportation shall be entitled to a judgment for said sum against the person or persons having received said deposit. (1959, c. 1025, s. 2; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)

 

§ 136-121.1.  Reimbursement of owner for taxes paid on condemned property.

(a) A property owner whose property is totally taken in fee simple by any condemning agency (as defined in G.S. 133-7(1)) exercising the power of eminent domain, under this Chapter or any other statute or charter provision, shall be entitled to reimbursement from the condemning agency of the pro rata portion of real property taxes paid that are allocable to a period subsequent to vesting of title in the agency, or the effective date of possession of the real property, whichever is earlier.

(b) An owner who meets the following conditions is entitled to reimbursement from the condemning agency for all deferred taxes paid by the owner pursuant to G.S. 105-277.4(c) as a result of the condemnation:

(1) The owner is a natural person whose property is taken in fee simple by a condemning agency exercising the power of eminent domain under this Chapter or any other statute.

(2) The owner also owns agricultural land, horticultural land, or forestland that is contiguous to the condemned property and that is in active production.

A potential condemning agency that seeks to acquire property by gift or purchase shall give the owner written notice of the provisions of this section. The definitions in G.S. 105-277.2 apply in this subsection. (1975, c. 439, s. 1; 1997-270, s. 2.)

 

ARTICLE 10.

Preservation, etc., of Scenic Beauty of Areas along Highways.

 

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1968–2022 · leading case: City of Charlotte v. Univ. Fin. Props., LLC, 818 S.E.2d 116 (N.C. Ct. App. 2018).
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City of Charlotte v. Univ. Fin. Props., LLC, 818 S.E.2d 116 (N.C. Ct. App. 2018). · cites it 8× “" Plaintiff filed a second motion to amend its complaint on 25 August 2016 after the North Carolina Supreme Court declined to review this Court's earlier opinion.”
State High. Comm'n v. Matthis, 163 S.E.2d 35 (N.C. Ct. App. 1968). “136-103 through G.S. 136-121. G.S. 136-103 sets out the exclusive procedure for the institution of the action.”
Dep't of Transp. v. Mountain Vills. (N.C. Ct. App. 2022). · cites it 2× “]” N.C. Gen. Stat. § 136-121 (2015). ¶ 27 DOT’s initial deposit was an estimated sum for just compensation.”
Dep't of Transp. v. Mountain Vills. (N.C. Ct. App. 2022). · cites it 2× “]” N.C. Gen. Stat. § 136-121 (2015). ¶ 27 DOT’s initial deposit was an estimated sum for just compensation.”
Dep't of Transp. v. Mountain Vills. (N.C. Ct. App. 2022). · cites it 2× “]” N.C. Gen. Stat. § 136-121 (2015). ¶ 27 DOT’s initial deposit was an estimated sum for just compensation.”
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