The North Carolina House has once again approved a proposed constitutional amendment that would prohibit private entities from harnessing the government’s power of eminent domain. The proposed amendment would provide that “Private property shall not be taken by eminent domain ...

Tagged with: Condemnation

In the case of a temporary construction easement, i.e. a partial taking, a landowner’s loss of business income is not admissible evidence to prove the damages the landowner will suffer during construction. The proper measure of damages is the rental ...

Tagged with: Condemnation

Although there were indicia of fraud and misrepresentation in the Department of Transportation’s communications with the defendant-landowner, since DOT’s forced taking of defendant’s property was not an arms-length transaction, the trial court could grant defendant relief under N.C. R. Civ. ...

Tagged with: Condemnation

  Two years ago, state lawmakers passed a bill with a last-minute provision that reduced the interest rate that some residents could receive as part of condemnation awards when the North Carolina Department of Transportation took their land and delayed ...

Tagged with: Condemnation

When the Department of Transportation filed this direct condemnation action, the defendant-landowner already had an inverse condemnation action pending in which the trial court had set out a procedure for DOT to follow for filing a plat and making a ...

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Real estate brokers are permitted testify about the fair market value of land being condemned by the Department of Transportation, the North Carolina Supreme Court has ruled in a decision that would appear to open the door to brokers testifying ...

Tagged with: Condemnation

  Department of Transportation v. Adams Outdoor Advertising of Charlotte Ltd. Partnership (Lawyers Weekly No. 010-062-17, 38 pp.) (Mark Martin, C.J.) (Robin Hudson, J., joined by Cheri Beasley & Michael Morgan, JJ., concurring in part & dissenting in part) Appealed ...

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Department of Transportation v. Riddle (Lawyers Weekly No. 011-110-17, 14 pp.) (Chris Dillon, J.) Appealed from Cumberland County Superior Court (Mary Ann Tally, J.) N.C. App. Holding: Although two undeveloped outparcels (lots 2 and 7) of a shopping center have ...

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North Carolina Department of Transportation v. Mission Battleground Park (Lawyers Weekly No. 011-305-16, 20 pp.) (John Tyson, J.) Appealed from Guilford County Superior Court (Richard Gottlieb, J.) N.C. App. Holding: The report of a real estate broker, who was not ...

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Town of Midland v. Wayne (Lawyers Weekly No. 15-06-0584, 21 pp.) (Paul Newby, J.) (Sam Ervin IV, J., not participating) Appealed from Cabarrus County Superior Court (C.W. Bragg, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. ...

Tagged with: Condemnation