N.C. Gen. Stat. » Chapter 40A
NC General Statutes

N.C. Gen. Stat. § 40A-43 (2026)

Memorandum of action

✓ current as of July 2026
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The condemnor, at the time of the filing of the complaint containing the declaration of taking and deposit of estimated compensation, shall record a memorandum of action with the register of deeds in all counties in which the land involved is located and said memorandum shall be recorded among the land records of said county. Upon the amending of any complaint affecting the property taken, the condemnor shall record a supplemental memorandum of action. The memorandum of action shall contain:

(1) The names of those persons who the condemnor is informed and believes to be or claim to be owners of the property and who are parties to said action;

(2) A description of the entire tract or tracts affected by said taking sufficient for the identification thereof;

(3) A statement of the property taken for public use;

(4) The date of institution of said action, the county in which said action is pending, and such other reference thereto as may be necessary for the identification of said action. (1981, c. 919, s. 1.)

 

Notes of Decisions
Cited in 2 cases, 2000–2018 · leading case: Wilkie v. City of Boiling Spring Lakes, 809 S.E.2d 853 (N.C. 2018).
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Wilkie v. City of Boiling Spring Lakes, 809 S.E.2d 853 (N.C. 2018). “§ 40A-43 (2017), in conjunction with the absence of any requirement that statutory inverse condemnation claimants do more than provide "[a] statement of the property allegedly taken," N.”
Piedmont Triad Reg'l Water Auth. v. Sumner Hills Inc., 524 S.E.2d 375 (N.C. Ct. App. 2000). · cites it 2× “§ 40A-41 in Guilford County Superior Court against defendants and a Memorandum of Action pursuant to section 40A-43. The Memorandum of Action included that the public purpose of the taking was “to protect the public health, to provide the public with an adequate and sound public…”
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