NC General Statutes

N.C. Gen. Stat. § 166A-19.73 (2026)

Compensation

✓ current as of July 2026

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(a) Extent of Compensation. - Compensation for services or for the taking or use of property shall be only to the extent that legal obligations of individual citizens are exceeded in a particular case and then only to the extent that the claimant has not been deemed to have volunteered his services or property without compensation.

(b) Limitation; Basis of Compensation. - Compensation for property shall be only if the property was commandeered, seized, taken, condemned, or otherwise used in coping with an emergency and this action was ordered by the Governor. The State shall make compensation for the property so seized, taken, or condemned on the following basis:

(1) In case property is taken for temporary use, the Governor, within 30 days of the taking, shall fix the amount of compensation to be paid for such damage or failure to return. Whenever the Governor shall deem it advisable for the State to take title to property taken under this section, the Governor shall forthwith cause the owner of such property to be notified thereof in writing by registered mail, postage prepaid, or by the best means available, and forthwith cause to be filed a copy of said notice with the Secretary of State.

(2) If the person entitled to receive the amounts so determined by the Governor as just compensation is unwilling to accept the same as full and complete compensation for such property or the use thereof, the person shall be paid seventy-five percent (75%) of such amount and shall be entitled to recover from the State of North Carolina in an action brought in the superior court in the county of residence of claimant, or in Wake County, in the same manner as other condemnation claims are brought, within three years after the date of the Governor's award. (1977, c. 848, s. 2; 2012-12, s. 1(b).)

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2024–2025 · leading case: N.C. Bar & Tavern Ass'n v. Cooper (N.C. Ct. App. 2024).

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N.C. Bar & Tavern Ass'n v. Cooper (N.C. Ct. App. 2024). · cites it 21× “For example, although Plaintiffs filed a motion for summary judgment as to their cause of action for compensation pursuant to N.C. Gen. Stat. § 166A-19.73, the trial court dispensed with the cause of action by stating it “should be DISMISSED.”

N.C. Bar & Tavern Ass'n v. Stein (N.C. 2025). · cites it 5× “31(b)(2) and (5) (authorizing prohibition and restriction of the operation of business establishments and other activities reasonably necessary to maintain order and protect lives during a state of emergency) to N.C.G.S. § 166A-19.73(b) (providing compensation only when property…”

— N.C. Gen. Stat. § 166A-19.73(b) — 2 cases

N.C. Bar & Tavern Ass'n v. Cooper (N.C. Ct. App. 2024). “For example, although Plaintiffs filed a motion for summary judgment as to their cause of action for compensation pursuant to N.C. Gen. Stat. § 166A-19.73, the trial court dispensed with the cause of action by stating it “should be DISMISSED.”

N.C. Bar & Tavern Ass'n v. Stein (N.C. 2025). “31(b)(2) and (5) (authorizing prohibition and restriction of the operation of business establishments and other activities reasonably necessary to maintain order and protect lives during a state of emergency) to N.C.G.S. § 166A-19.73(b) (providing compensation only when property…”

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