N.C. Gen. Stat. § 136-112

Measure of damages

Applied in 23 court decisions — leading case 16 Cal. 4th 694 - Los Angeles County Metropolitan Transportation Authority v. Continental Development Corp. (1997)

Most recently applied in 259 N.C. App. 610 - N.C. Dep't of Transp. v. Laxmi Hotels of Spring Lake, Inc. (May 2018)

1959, c. 1025, s. 2.

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The following shall be the measure of damages to be followed by the commissioners, jury or judge who determines the issue of damages:

(1) Where only a part of a tract is taken, the measure of damages for said taking shall be the difference between the fair market value of the entire tract immediately prior to said taking and the fair market value of the remainder immediately after said taking, with consideration being given to any special or general benefits resulting from the utilization of the part taken for highway purposes.

(2) Where the entire tract is taken the measure of damages for said taking shall be the fair market value of the property at the time of taking.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.