(a) In any action under the provisions of Article 2 or Article 3 of this Chapter, the court in its discretion may award to the owner a sum to reimburse the owner for charges he has paid for appraisers, engineers and plats, provided such appraisers or engineers testify as witnesses, and such plats are received into evidence as exhibits by order of the court.
(b) If a condemnor institutes a proceeding to acquire by condemnation any property and (i) if the final judgment in a resulting action is that the condemnor is not authorized to condemn the property, or (ii) if the condemnor abandons the action, the court with jurisdiction over the action shall after making appropriate findings of fact award each owner of the property sought to be condemned a sum that, in the opinion of the court based upon its findings of fact, will reimburse the owner for: his reasonable costs; disbursements; expenses (including reasonable attorney, appraisal, and engineering fees); and, any loss suffered by the owner because he was unable to transfer title to the property from the date of the filing of the complaint under G.S. 40A-41.
(c) If an action is brought against a condemnor under the provisions of G.S. 40A-20 or 40A-51 seeking compensation for the taking of any interest in property by the condemnor and judgment is for the owner the court shall award to the owner as a part of the judgment after appropriate finding of fact a sum that, in the opinion of the court based upon its finding of fact, will reimburse the owner as set out in subsection (b). (1981, c. 919, s. 1.)
Notes of Decisions
Wilkie v. City of Boiling Spring Lakes, 809 S.E.2d 853 (N.C. 2018).
· cites it 3× “" As a result, plaintiffs sought compensation for the taking of their property pursuant to N.C.G.S. §§ 40A-8 and 40A-51, the Fifth and Fourteenth Amendments to the United States Constitution, and Article I, Section 19 of the North Carolina Constitution.”
Finch v. City of Durham, 384 S.E.2d 8 (N.C. 1989).
· cites it 6× “The trial judge also granted two additional motions by plaintiffs: that the use permit needed for building a motel be waived and that plaintiffs be awarded costs and attorney's fees under N.C.G.S. § 40A-8(c). The judgment invalidated the rezoning ordinance, awarded plaintiffs…”
Batch v. Town of Chapel Hill, 387 S.E.2d 655 (N.C. 1990).
· cites it 3× “§ 1983 and N.C.G.S. § 40A-8. Also presented is the further question of whether summary judgment in favor of plaintiff was properly granted as to both proceedings.”
Concrete Mach. Co. v. City of Hickory, 517 S.E.2d 155 (N.C. Ct. App. 1999).
· cites it 4× “As N.C. Gen. Stat. § 40A-8(b) and (c) mandate findings of fact, we remand to the trial court for entry of appropriate findings of fact to support any award of attorneys’ fees.”
Town of Midland v. Morris, 704 S.E.2d 329 (N.C. Ct. App. 2011).
· cites it 2× “See N.C. Gen. Stat. § 40A-8(b) (2009) (stating that if final judgment is that the condemnor is not authorized to condemn the property, the court with jurisdiction over the action shall award each owner of the property a sum that will reimburse the owner for his costs in…”
Simpson v. City of Charlotte, 443 S.E.2d 772 (N.C. Ct. App. 1994).
· cites it 2× “§§ 1983 and 1988, and N.C. Gen. Stat. § 40A-8); Seaboard Chemical, 114 N.”
City of Raleigh v. Hollingsworth, 385 S.E.2d 513 (N.C. Ct. App. 1989).
· cites it 4× “The City argues, however, that because defendants dismissed their Counterclaim for inverse condemnation prior to trial, attorney fees could not be awarded them under Section 40A-8(c). We disagree. Defendants dismissed the Counterclaim in consequence of a stipulation entered into…”
Town of North Topsail Beach v. Forster-Pereira, 670 S.E.2d 590 (N.C. Ct. App. 2009).
· cites it 10× “On 16 May 2007, defendants filed a motion for payment of attorney’s fees and costs pursuant to N.C. Gen. Stat. §§ 40A-8(b), 1.209.1, and 7A-305(d).”
City of Gastonia v. Hayes, 605 S.E.2d 741 (N.C. Ct. App. 2004).
· cites it 6× “00 under the provisions of N.C. Gen. Stat. § 40A-8(b). The condemnation action was tried before a jury on 11 August 2003.”
N.C. Gen. Stat. § 40A-8(b): 5 cases
Town of Midland v. Morris, 704 S.E.2d 329 (N.C. Ct. App. 2011).
“See N.C. Gen. Stat. § 40A-8(b) (2009) (stating that if final judgment is that the condemnor is not authorized to condemn the property, the court with jurisdiction over the action shall award each owner of the property a sum that will reimburse the owner for his costs in…”
Concrete Mach. Co. v. City of Hickory, 517 S.E.2d 155 (N.C. Ct. App. 1999).
“As N.C. Gen. Stat. § 40A-8(b) and (c) mandate findings of fact, we remand to the trial court for entry of appropriate findings of fact to support any award of attorneys’ fees.”
Town of North Topsail Beach v. Forster-Pereira, 670 S.E.2d 590 (N.C. Ct. App. 2009).
“On 16 May 2007, defendants filed a motion for payment of attorney’s fees and costs pursuant to N.C. Gen. Stat. §§ 40A-8(b), 1.209.1, and 7A-305(d).”
City of Gastonia v. Hayes, 605 S.E.2d 741 (N.C. Ct. App. 2004).
“00 under the provisions of N.C. Gen. Stat. § 40A-8(b). The condemnation action was tried before a jury on 11 August 2003.”
N.C. Gen. Stat. § 40A-8(b)(c): 1 case
Concrete Mach. Co. v. City of Hickory, 517 S.E.2d 155 (N.C. Ct. App. 1999).
“As N.C. Gen. Stat. § 40A-8(b) and (c) mandate findings of fact, we remand to the trial court for entry of appropriate findings of fact to support any award of attorneys’ fees.”
N.C. Gen. Stat. § 40A-8(c): 2 cases
Finch v. City of Durham, 384 S.E.2d 8 (N.C. 1989).
“The trial judge also granted two additional motions by plaintiffs: that the use permit needed for building a motel be waived and that plaintiffs be awarded costs and attorney's fees under N.C.G.S. § 40A-8(c). The judgment invalidated the rezoning ordinance, awarded plaintiffs…”
City of Raleigh v. Hollingsworth, 385 S.E.2d 513 (N.C. Ct. App. 1989).
“The City argues, however, that because defendants dismissed their Counterclaim for inverse condemnation prior to trial, attorney fees could not be awarded them under Section 40A-8(c). We disagree. Defendants dismissed the Counterclaim in consequence of a stipulation entered into…”
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