136-112. Measure of damages.
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. (1959, c. 1025, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 136-103 - Institution of action and deposit.
§ 136-106 - Answer, reply and plat.
§ 136-107 - Time for filing answer.
§ 136-108 - Determination of issues other than damages.
§ 136-109 - Appointment of commissioners.
§ 136-110 - Parties; orders; continuances.
§ 136-111 - Remedy where no declaration of taking filed; recording memorandum of action.
§ 136-112 - Measure of damages.
§ 136-113 - Interest as a part of just compensation.
§ 136-117 - Payment of compensation.
§ 136-118 - Agreements for entry.
§ 136-120 - Entry for surveys.
§ 136-121 - Refund of deposit.
§ 136-121.1 - Reimbursement of owner for taxes paid on condemned property.