NC General Statutes

N.C. Gen. Stat. § 40A-4 (2026)

No prior purchase offer necessary

✓ current as of July 2026

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The power to acquire property by condemnation shall not depend on any prior effort to acquire the same property by gift or purchase, nor shall the power to negotiate for the gift or purchase of property be impaired by initiation of condemnation proceedings. A potential condemnor who seeks to acquire property by gift or purchase shall give the owner written notice of the provisions of G.S. 40A-6. (1981, c. 919, s. 1; 1997-270, s. 4.)

Notes of Decisions

Cited in 2 cases, 2009–2011 · leading case: TOWN OF APEX v. Whitehurst, 712 S.E.2d 898 (N.C. Ct. App. 2011).

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TOWN OF APEX v. Whitehurst, 712 S.E.2d 898 (N.C. Ct. App. 2011). · cites it 2× “See also N.C. Gen. Stat. § 40A-4(a) [App. p. 3]. By virtue of an amendment to its charter in 1987 by the General Assembly, S.”

Catawba Cnty. v. Wyant, 677 S.E.2d 567 (N.C. Ct. App. 2009). · cites it 2× “See N.C. Gen. Stat. § 40A-4 (2007) (“The power to acquire property by condemnation shall not depend on any prior effort to acquire the same property by gift or purchase .”

— N.C. Gen. Stat. § 40A-4(a) — 1 case

TOWN OF APEX v. Whitehurst, 712 S.E.2d 898 (N.C. Ct. App. 2011). “See also N.C. Gen. Stat. § 40A-4(a) [App. p. 3]. By virtue of an amendment to its charter in 1987 by the General Assembly, S.”

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