NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 1084

SENATE BILL 494

 

 

AN ACT TO AMEND ARTICLE 9 OF CHAPTER 136 OF THE GENERAL STATUTES TO REQUIRE THE RECORDATION OF A MEMORANDUM OF ACTION WITH THE REGISTER OF DEEDS AND TO CORRECT CERTAIN ERRORS IN SAID ARTICLE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 136‑103, as the same appears in the 1959 Supplement to Volume 3B of the General Statutes, is hereby amended by inserting in the fourth line from the end of said Section after the word "the" and before the word "declaration" the words "complaint and".

Sec. 2.  G.S. 136‑104, as the same appears in the 1959 Supplement to Volume 3B of the General Statutes, is hereby amended by adding the following paragraphs at the end of said Section:

"On and after July 1, 1961, the Highway Commission, at the time of the filing of the complaint and 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 therein is located and said memorandum shall be recorded among the land records of said county. The memorandum of action shall contain (a) the names of those persons who the Highway Commission is informed and believes may have or claim to have an interest in said lands and who are parties to said action; (b) a description of the entire tract or tracts affected by said taking sufficient for the identification thereof; (c) a statement of the estate or interest in said land taken for public use; (d) 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.

"That as to those actions instituted by the Highway Commission under the provisions of this Article prior to July 1, 1961, the Highway Commission shall, on or before October 1, 1961, record a memorandum of action with the Register of Deeds in all counties in which said land is located as hereinabove set forth; however, the failure of the Highway Commission to record said memorandum shall not invalidate those actions instituted prior to July 1, 1961."

Sec. 3.  G.S. 136‑105, as the same appears in the 1959 Supplement to Volume 3B of the General Statutes is hereby amended by inserting at the end of said Section the following:

"No notice to the Highway Commission of the hearing upon the application for disbursement of deposit shall be necessary, but a copy of the order disbursing the deposit shall be served upon the Director of the Highway Commission."

Sec. 4.  G.S. 136‑106, as the same appears in the 1959 Supplement to Volume 3B of the General Statutes is hereby amended by striking out the word "filing" from the first line of Subsection (c) thereof and inserting in lieu thereof the word "receipt", and by striking out the period (.) at the end of said subsection and adding at the end of said subsection the following:

"or their attorney."

Sec. 5.  Subsection (d) of G.S. 136‑109, as the same appears in the 1959 Supplement to Volume 3B of the General Statutes, is hereby amended by striking out in the 6th line from the end of said subsection after the word "with" the following: "§ 136‑114" and by inserting in lieu thereof the following: "§ 136‑113".

Sec. 6.  G.S. 136‑111, as the same appears in the 1959 Supplement to Volume 3B of the General Statutes, is hereby amended by striking out the word "petition" in line 12 thereof and inserting in lieu thereof the word "complaint", and by adding at the end of said Section the following paragraph:

"The plaintiff at the time of filing of the complaint shall record a memorandum of action with the Register of Deeds of all counties in which the land involved therein is located, said memorandum to be recorded among the land records of said county. The memorandum of action shall contain (a) the names of those persons who the plaintiff is informed and believes may have or claim to have an interest in said lands and who are parties to said action; (b) a description of the entire tract or tracts affected by the alleged taking sufficient for the identification thereof; (c) a statement of the estate or interest in said land allegedly taken for public use; and (d) the date on which plaintiff alleges the taking occurred, the date on which said action was instituted, the county in which it was instituted, and such other reference thereto as may be necessary for the identification of said action."

Sec. 7.  Subsection (1) of Section G.S. 136‑115, as the same appears in the 1959 Supplement to Volume 3B of the General Statutes, is hereby amended by inserting in the next to the last line of said subsection after the word "emergency" and before the word "judge" the words "or special".

Sec. 8.  G.S. 136‑118, as the same appears in the 1959 Supplement to Volume 3B of the General Statutes, is hereby amended by striking out the words "the summonses" from line 4 thereof, and by inserting after the word "taking" and before the word "as" in line 5 the words "and depositing estimated compensation", and by striking out the word "summons" from line 7, and by inserting after the word "taking" and before the word "as" in line 8 thereof the words "and having deposited estimated compensation".

Sec. 9.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 10.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 21st day of June, 1961.