NC General Statutes

N.C. Gen. Stat. § 40A-53 (2026)

Interest as a part of just compensation

✓ current as of July 2026

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To the amount awarded as compensation by the commissioners or a jury or judge, the judge shall add interest at the rate of six percent (6%) per annum on said amount from the date of taking to the date of judgment. Interest shall not be allowed from the date of deposit on so much thereof as shall have been paid into court as provided in this Article. (1981, c. 919, s. 1.)

Notes of Decisions

Cited in 4 cases, 1997–2007 · leading case: Dare Cnty. Bd. of Educ. v. Sakaria, 492 S.E.2d 369 (N.C. Ct. App. 1997).

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Dare Cnty. Bd. of Educ. v. Sakaria, 492 S.E.2d 369 (N.C. Ct. App. 1997). · cites it 15× “Defendants appeal the trial court’s order awarding interest under N.C.G.S. § 40A-53 (1984) in this condemnation proceeding from the date of entry of the court’s corrected judgment.”

State v. Shannon, 642 S.E.2d 516 (N.C. Ct. App. 2007). · cites it 4× “" In Dare County, the issue on appeal was directed to the statutory meaning of "date of taking" in condemnation proceedings as set forth in N.C. Gen.Stat. § 40A-53 (1984). In conducting its analysis, this Court noted that neither the current nor prior versions of the statute…”

Concrete Mach. Co. v. City of Hickory, 517 S.E.2d 155 (N.C. Ct. App. 1999). · cites it 4× “N.C. Gen. Stat. § 40A-53 (1984). However, under the “prudent investor” standard adopted by our Supreme Court, although the statutory rate is to be regarded as presumptively reasonable, in awarding just compensa *98 tion for property taken, “the owner shall be put in as good…”

Redevelopment Comm'n v. Agapion, 499 S.E.2d 474 (N.C. Ct. App. 1998). · cites it 2× “2d 369, 371 (1997) (citations omitted) (interpreting N.C. Gen. Stat. § 40A-53 (1984). “To achieve this end, the *352 court should consider ‘the language of the statute or ordinance, the spirit of the act and what the act seeks to accomplish.”

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