North Carolina § 40A-2 - Definitions.

§ 40A-2. Definitions.

As used in this Chapter the following words and phrases have the meanings indicated unless the context clearly requires another meaning: "Condemnation" means the procedure prescribed by law for exercising the power of eminent domain. "Condemnor" means those listed in G.S. 40A-3. "Eminent domain" means the power to divest right, title or interest from the owner of property and vest it in the possessor of the power against the will of the owner upon the payment of just compensation for the right, title or interest divested. "Judge" means a resident judge of the superior court in the district where the cause is pending, or special judge residing in said district, or a judge of the superior court assigned to hold the courts of said district or an emergency or special judge holding court in the county where the cause is pending. "Owner" includes the plural when appropriate and means any person having an interest or estate in the property. "Person" includes the plural when appropriate and means a natural person, and any legal entity capable of owning or having interest in property. "Property" means any right, title, or interest in land, including leases and options to buy or sell. "Property" also includes rights of access, rights-of-way, easements, water rights, air rights, and any other privilege or appurtenance in or to the possession, use, and enjoyment of land. History (1981, c. 919, s. 1.) Legal Periodicals. - For a comment on the acquisition, abandonment, and preservation of rail corridors in North Carolina, see 75 N.C.L. Rev. 1989 (1997).