Real Property – Inverse Condemnation Claim – Right of Way Deed – Compensation Paid

In this inverse condemnation action, the plaintiff-landowner alleges that the defendant-Department of Transportation’s taking in a related case deprived plaintiff of reasonable access to and from its property, created a less aesthetically pleasing appearance, and diminished the value of plaintiff’s property. However, pursuant to a “Deed for Highway Right of Way” and a release, which was attached as an exhibit to plaintiff’s complaint, defendant paid plaintiff $4,500 for “any and all damages” to plaintiff’s property, “any and all damages” caused by defendant’s acquisition, and “the past and future use of said areas” by defendant and its successors in interest. The release quoted above discloses an unconditional affirmative defense that defeats plaintiff’s claim.

We affirm the trial court’s dismissal of plaintiff’s claim.

Equestrian Lakes, LLC v. North Carolina Department of Transportation (Lawyers Weekly No. 012-529-22, 9 pp.) (Darren Jackson, J.) Appealed from Moore County Superior Court (James Webb, J.) Keenya Justice for plaintiff; Kelly Moore for defendant. 2022-NCCOA-852