Quantcast
Home (page 2)

Tag Archives: Condemnation

Municipal – Condemnation – Nuisance – Real Property – Beachfront Cottages – Civil Practice – Ripeness & Mootness (access required)

Sansotta v. Town of Nags Head The defendant-town denied plaintiffs a building permit because their application was incomplete; therefore, plaintiffs cannot challenge a new town ordinance based solely on the town’s threatened or hypothetical denial of a permit under the new ordinance.

Read More »

Real Property – Condemnation – Municipal – Railroad Land (access required)

Southeast Shortlines, Inc. v. Rutherford Railroad Development Corp. It is true that a “public condemnor” like the defendant-town may condemn the property of a private condemnor, like the plaintiff-railroad, “if such property is not in actual public use or not necessary to the operation of the business of the owner.” G.S. § 40A-5(b). However, title to the subject property does not vest in the public condemnor, nor does “the right to immediate possession of the property [] become effective until the superior court has rendered final judgment (after any appeals) that the property is not in actual public use or is not necessary to the operation of the business of the owner….” G.S. § 40A-42(c)

Read More »

Real Property – Condemnation – Abandonment — Attorney’s Fees (access required)

Town of Forest City v. Rutherford Railroad Development Corp. The plaintiff-town was not authorized to condemn the defendant-railroad’s property; furthermore, the town abandoned its condemnation proceedings when the parties stipulated to a dismissal of the condemnation action. Therefore, there were two independent grounds for an award of costs – including attorney’s fees – to the railroad under G.S. § 40A-8(b).

Read More »

Real Property – Condemnation – Civil Practice – Just Compensation – Defense vs. Counterclaim – Voluntary Dismissal – Res Judicata (access required)

State v. Smith In a condemnation case, a “request” that the court “determine just compensation” is not a counterclaim. Department of Transportation v. Combs, 71 N.C. App. 372, 322 S.E.2d 602 (1984). Therefore, when defendants voluntarily dismissed their just compensation claim, this constituted an acknowledgment of satisfaction with the amount deposited by the state as being full and just compensation.

Read More »

Real Property – Condemnation – Damages – Temporary Construction Easement – Evidence – Expert Witness — Appraisal – Entire Lot (access required)

City of Charlotte v. Combs An expert’s testimony about damages from a temporary construction easement (TCE) should have been excluded because his failure to appraise the entire lot was based only on his experience that the remainder of a lot is not affected by a TCE. Defendants are entitled to a new trial.

Read More »