Agenda - 09-16-1986 - Laserfiche WebLink

Browse Search

14� 274 . N. C. General Statute Section 153A-274 (2) lists sewage collection and disposal systems of all types among public enterprises. The procedures the County must follow in order to condemn property for a sewage collection and disposal system are con- tained in Article 3 of Chapter 40A. Those rules are as follows: 1. Not less than 30 days prior to the filing of a complaint seeking condemnation the County must 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 exclu- sive 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 reason- able diligence is not required in any manner. The notice must contain a general description of the property to be taken and of the amount estimated by the County 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 Orange County intends to file the complaint. 2 . At the end of the 30 days provided for above, the County must institute a civil action to condemn the property by filing in the Orange County Superior Court a complaint containing a declaration of taking declaring that the property described in the complaint is thereby taken for the use of Orange County. There are other specific pieces of information which must be contained in the complaint. 3 . The filing of the complaint must be accompanied by a deposit to the use of the owner of the property being condemned of the sum of money estimated by Orange County to be just compensation for the taking. This requirement and the "notice of the amount of damages" requirement contained in the 30 day notice discussed above requires an i appraisal by Orange County of the damage to the owner of the property as a result of the condemnation. 4 . North Carolina General Statutes Section 40A-42 (a) provides that when a county is acquiring property by condemnation for a sewage collection and disposal system, title to the property and the right to immediate possession shall vest in the condemnor (Orange County) upon the filing of the complaint and the making of the deposit, unless an action for injunctive relief has been initiated prior thereto by the property owner.