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Current as of January 01, 2023 | Updated by FindLaw Staff
Notwithstanding the provisions of an agreement, if any, relating to a lien encumbering the property:
(1) If there is a partial taking, the lienholder may share in the amount of compensation awarded only to the extent determined by the commissioners or by the jury or by the judge to be necessary to prevent an impairment of his security, and the lien shall continue upon the part of the property not taken as security for the unpaid portion of the indebtedness until it is paid; and
(2) Neither the condemnor nor owner is liable to the lienholder for any penalty for prepayment of the debt secured by the lien, and the amount awarded by the judgment to the lienholder shall not include any penalty therefor.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 40A. Eminent Domain § 40A-68. Acquisition of property subject to lien - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-40a-eminent-domain/nc-gen-st-sect-40a-68/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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