(a) Not less than 30 days prior to the filing of a complaint under the provisions of G.S. 40A-41, a public condemnor listed in G.S. 40A-3(b) or (c) shall provide notice to each owner (whose name and address can be ascertained by reasonable diligence) of its intent to institute an action to condemn property. (The notice shall be sent to each owner by certified mail, return receipt requested. The providing of notice shall be complete upon deposit of the notice enclosed in a postpaid, properly addressed wrapper in a post office or official depository under the exclusive care and custody of the United States Postal Service. Notice by publication is not required. Notice to an owner whose name and/or address cannot be ascertained by reasonable diligence is not required in any manner.)
The notice shall contain a general description of the property to be taken and of the amount estimated by the condemnor to be just compensation for the property to be condemned. The notice shall also state the purpose for which the property is being condemned and the date condemnor intends to file the complaint.
(b) In the case of a condemnation action to be commenced pursuant to G.S. 40A-42(a), the notice required by subsection (a) of this section shall substantially comply with the following requirements:
(1) The notice shall be printed in at least 12 point bold legible type.
(2) The words "Notice of condemnation" or similar words shall conspicuously appear on the notice.
(3) The notice shall include the information required by subsection (a) of this section.
(4) The notice shall contain a plain language summary of the owner's rights, including:
a. The right to commence an action for injunctive relief.
b. The right to answer the complaint after it has been filed.
(5) The notice shall include a statement advising the owner to consult with an attorney regarding the owner's rights.
An owner is entitled to no relief because of any defect or inaccuracy in the notice unless the owner was actually prejudiced by the defect or inaccuracy, and the owner is otherwise entitled to relief under Rules 55(d) or 60(b) of the North Carolina Rules of Civil Procedure or other applicable law. (1981, c. 919, s. 1; 1981 (Reg. Sess., 1982), c. 1243, s. 3; 1999-410, s. 1.)
Notes of Decisions
Nelson v. Town of Highlands (2003)
ncctapp · cites it 16×
“On 31 August 2001, defendant issued to plaintiffs notices of condemnation pursuant to N.C. Gen.Stat. § 40A-40 (2001) indicating its intent to initiate actions to condemn portions of plaintiffs' property for the purpose of widening and paving Bowery Road.”
Catawba County v. Wyant (2009)
ncctapp · cites it 8×
“Second, Defendants argue that if Plaintiff “intended for the sewer line to serve Blackburn Landfill,” then Plaintiff should have specifically stated that intention in the statutory notice required by N.”
NEW HANOVER COUNTY DIST. v. Thompson (2008)
ncctapp · cites it 6×
“After adopting a resolution authorizing condemnation of sewer utility easements on defendant’s property, plaintiff sent defendant a “Notice of Action” pursuant to N.C. Gen. Stat. § 40A-40 on 15 July 2004 by certified mail.”
In re J.L.H. (2013)
ncctapp · cites it 4×
“In Fisher , the plaintiffs contended that a notice of condemnation that they had received from the defendant failed to comply with the requirements of N.C. Gen. Stat. § 40A-40. Id. at_, 725 S.”
Scotland County v. Johnson (1998)
ncctapp · cites it 6×
“Defendants contend that the complaint and pre-suit notice were fatally inconsistent because the complaint included purposes not stated in the notice.”
City of Durham v. Woo (1998)
ncctapp · cites it 2×
“On 3 September 1992, the City gave Woo notice pursuant to N.C. Gen. Stat. § 40A-40 (1984) that it intended to condemn the subject property.”
Yandle v. Mecklenburg County (1987)
ncctapp
“Yandle pursuant to G.S. 40A-40. *386 Based on its findings of fact the court made the following pertinent conclusions of law: 1.”
Town of Apex v. Rubin (2025)
nc · cites it 3×
“This authority is statutorily granted to various entities, including “public condemnors,” under N.C.G.S. §§ 40A-40 to 40A-85. Apex is also authorized to invoke the Department of Transportation’s condemnation procedures found in N.”
Town of Apex v. Rubin (2025)
nc · cites it 3×
“This authority is statutorily granted to various entities, including “public condemnors,” under N.C.G.S. §§ 40A-40 to 40A-85. Apex is also authorized to invoke the Department of Transportation’s condemnation procedures found in N.”
Department of Transportation v. Coleman (1997)
ncctapp · cites it 2×
“I do not address, as it is not presented in this appeal, whether evidence of a property owner’s transactions after receiving written notice of a public condemnor’s “intent to institute an action to condemn property,” filed pursuant to N.C. Gen. Stat. § 40A-40 (1984), and before…”
— N.C. Gen. Stat. § 40A-40(a) — 2 cases
Catawba County v. Wyant (2009)
ncctapp
“Second, Defendants argue that if Plaintiff “intended for the sewer line to serve Blackburn Landfill,” then Plaintiff should have specifically stated that intention in the statutory notice required by N.”
Nelson v. Town of Highlands (2003)
ncctapp
“On 31 August 2001, defendant issued to plaintiffs notices of condemnation pursuant to N.C. Gen.Stat. § 40A-40 (2001) indicating its intent to initiate actions to condemn portions of plaintiffs' property for the purpose of widening and paving Bowery Road.”
— N.C. Gen. Stat. § 40A-40(b)(2) — 1 case
— N.C. Gen. Stat. § 40A-40(b)(4) — 1 case
Nelson v. Town of Highlands (2003)
ncctapp
“On 31 August 2001, defendant issued to plaintiffs notices of condemnation pursuant to N.C. Gen.Stat. § 40A-40 (2001) indicating its intent to initiate actions to condemn portions of plaintiffs' property for the purpose of widening and paving Bowery Road.”
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