1979 - 07-02-79 Regular Meeting - Laserfiche WebLink

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4 16OA-249 cti 160ti cures Kxn Towxs waived If an appointment is rejected, the city or owner shall immediately appoint another appraiser and shall give notice of this action to the other parties. (b) The Owner's appraiser shall be appointed and his name reported to the city clerk within 15 days after the resolution has been served on all owners. If there is more than one owner, the appointment shall be made by those having a majority m interest in the property. For purposes of appointing an appraiser, the holders of future interests whether vested or contingent, the holder'vf the equity of redemption under a mortgage, and the grantor and third-party beneficiary under a deed of trust shall not be considered owners. (c) If the owner fails to appoint an appraiser within the time allowed, or if the owner's appraiser and the city's appraiser fail to agree upon appointment of the third appraiser, the city may apply to the clerk of superior court of the county in which the land lies for appointment of either an appraiser to represent the owner or the third appraiser, as appropriate. (d) Each appraiser shall take an oath or affirrnation that he will fairly and impartially discharge his duties as an appraiser. (1971, c- 698, s. 1; 1973, c- 1212.) § 160A-249. Meetings of board of appraisers. - (a) The fast meeting of the board of appraisers shall be convened at or near the site of the property being condemned at the time fixed by the preliminary condemnation resolution. The board of appraisers shall first view the property to be acquired and then hear - any evidence presented by the owner or the city as to the damages and benefits that will result from the proposed condemnation. The evidence need not be reduced to writing unless one of the parties demands a hearing on the record, in which event be shall bear the cost of the transcript The hearing of evidence need not be held at the site of the property if this is not converuent, and the appraisers may retire to some suitable place immediately after viewing the property- (b) If for any reason the first meeting of the board of appraisers cannot be held at the time fixed in the preliminary condemnation resolution of at the site of the property being condemned, the appraisers may £u another time or place and shall serve notice of the change in time or place upon each person upon whom the preliminary condemnation was served. Notice changing the time and place of the fust meeting shall be served not later than five days before the date of the meeting- (c) The board of appraisers may adjourn the fast meeting to any other time orplace to hear additional evidence, or it may hold additional meetings. NO notice need be given of an adjourned meeting if the time and place of the adjourned meeting were fixed before the close of the first or the adjourned meeting. Notice of additional meetings shall be given as provided for a change in the time or place of the rust meeting if they are to be held to hear evidence, but not otherwise- (1971, c- 698, s. 1.) § 160A-250- Report of board of appraisers. - (a) The board of appraisers shall determine the compensation to be paid to the owner by the city for its acquisition of the property. In determining the compensation, the appraisers shall take into consideration both the loss or damage that will result to the owner from the acquisition and any benefits that will inure to any remainder of the property from the improvement or project for which the property is being condemned- Benefits shall include both benefits or advantages special to the property and benefits or advantages to the property in common with other property affected by the improvement or project if the owner is to be allowed to remove any building or other permanent improvement or fixtures from the property, the value thereof shall not be included in the compensation award, but the cost of removal shall be considered as an element of damages. (b) When it has determined damages and benefits, the board of appraisers shall make its report to the city council. The board shall report within 30 days of its appointment, unless the council allows a longer time. The report shall show separately the amount of damage, the amount of benefits, and the amount of- compensation to be paid to the owner. The report shall be sufficient if it is -concurred in by two of the three appraisers- If no two of the appraisers can agree . upon a report, or if the board falls to report within the time allowed, a new board- of appraisers may be appointed in the same manner as the original board and shall follow the same procedure required of the original board. (1971, c 698, s.. 7B. The first meeting of the Board of Appraisers shall be at 9:00 o'clock, A. Al., July 27, 1979, at the site of the property sought to be condemned. 8. The name of the member of the Board of Appraisers appointed by the County of Lee is Albert Adcock. 9. A certified copy of this resolution shall be served upon all of the peroc named in paragraph 5 hereinabove, in the manner prescribed for service of summons in a civil action by Rule 4(k) of the Rules of Civil Procedure(G. S. IA-1).