AG 1996 12 16 - Laserfiche WebLink

Home Browse Search

2. Planning Support legislation to help counties accommodate growth through orderly local planning, through: Provisions that authorize county government to use the measure of value in condemnation authorized in G.S. 136-112; i.e., to take into consideration the enhanced value of a remaining parcel of land resulting from the public improvement which occasioned that condemnation; Increased appropriations for grants to counties in updating and improving Land Records Management Programs, and insuring the existence of at least a basic Land Records Management Program in every county. (1995 goal, amended, Halifax County) Current law provides that counties, exercising the power of eminent domain over part ora tract of land must pay "the greater of either ( ) the amount by which the fair market value of the entire tract immediately before the taking exceeds the fair market value of the remainder immediately a~er the taking; or (ii) the fair market value of the property taken." G.S. 40A-64(b). Chapter 136 of the General Statutes provides for a different measure of damages when land is condemned for roads or highways. When part ora tract is taken, G.S. 136-112 provides that the measure of damages is the difference in value before and a~er the taking, "with consideration being give~n to any special or general benefits resulting from the utilization of the part taken for highway purposes." This goal seeks to allow counties and other governmental entities to offset compensation to property owners when the value of the remaLrfing property is increased because of the exercise of the power of eminent domain; i.e. to use the method of calculation now employed by the Department of Transportation. The goal also seeks funding for Land Records Grants. This state funding, made available through the 1980's enabled counties to expand their GIS systems as they improved land records management. Budget pressures and reduced appropriations in the 1990's have left about half of North Carolina counties without GIS and ten counties without basic land records management programs. Because this proposal is held over from 1995, it is not yet known what budget request might be made by the Land Records Management Division, now in the office of the Secretary of State. 3. Annexation Support legislation to update North Carolina's annexation laws to reflect the changing nature of county and municipal responsibilities and assure equitable arrangements between cities and counties as well as fair treatment for citizens affected by urban growth; with a vote of the residents in the area to be annexed.