Real Property – Inverse Condemnation – Private Use – Municipal – Constitutional

Wilkie v. City of Boiling Springs Lakes (Lawyers Weekly No. 011-014-17, 18 pp.) (Linda Stephens, J.) Appealed from Brunswick County Superior Court (Ebern Watson III, J.) N.C. App.

Holding: G.S. § 40A-51 defines when the remedy of an inverse condemnation action is available against a public condemnor, and § 40A-51 limits its application to action taken by a municipality “for the public use or benefit.” Since the defendant-city raised the water level of Spring Lake – thereby flooding part of plaintiffs’ property – for the benefit of private property owners whose land bordered other parts of Spring Lake, there is no remedy through an inverse condemnation action for plaintiffs because their property was not taken “for the public use or benefit.”

We reverse the trial court’s order concluding that an inverse condemnation had occurred. Since the trial court’s order did not address plaintiffs’ claim under the North Carolina Constitution, we remand for further proceedings.