Real Property – Constitutional – Eminent Domain – Just Compensation – Loss of Visibility – Light Rail Bridge
City of Charlotte v. University Financial Properties, LLC (Lawyers Weekly No. 011-129-16, 15 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (John Bowers, J.) N.C. App. Holding: The […]
United estates: N.C. Supreme Court expands scope of affected land in eminent domain suit
Rome, it’s famously said, wasn’t built in a day. Progress in the more workaday business of residential subdivision development likewise often proceeds at a piecemeal pace. Such has been the […]
Jury hits DOT with $1.2 million bill for parking
Downtown parking can be pricey. It was particularly pricey for the North Carolina Department of Transportation after a New Hanover County jury awarded $1.2 million in compensation to the owner […]
Public Utilities — Electric Membership Corporation – Real Property – Easements – Bylaws – Contract – Tort/Negligence
Cape Hatteras Electric Membership Corp. v. Stevenson (Lawyers Weekly No. 15-15-0404, 19 pp.) (Gregory McGuire, J.) 2015 NCBC 34 Holding: The court upholds an electric membership corporation’s bylaws (1) requiring […]
Municipal — Eminent Domain – Real Property – Private Road – Public Benefit
Town of Matthews v. Wright (Lawyers Weekly No. 15-07-0352, 16 pp.) (Robert Hunter Jr., J.) Appealed from Mecklenburg County Superior Court (F. Donald Bridges, J.) N.C. App. Holding: Defendants have […]
NC House tentatively approve eminent domain amendment again
RALEIGH — The House is poised to once again send the Senate a constitutional amendment to protect property owners’ rights when North Carolina governments take land for projects. The chamber […]
House bill would restrict eminent domain
The first House bill filed during the N.C. General Assembly’s 2015 session seeks to amend the state constitution to clarify language on when private property can be taken by governmental […]
DOT to pay $205,000 for .1 acre taken for road upgrade
The North Carolina Department of Transportation will be paying top dollar for a very small patch of land it took from a Fuquay-Varina church there. The church will receive $205,000 for less than one tenth of an acre taken to improve the road that runs past the church. “That’s the amazing thing, that such a small amount of permanent taking could affect it so much,” said attorney Paul “Skip�[...]
DOT settles for $7.3M after taking drugstore parking lots
The North Carolina Department of Transportation (DOT) has settled two eminent domain cases involving a pair of drugstores located across the street from each other in Guilford County.
Landowners’ rights gets fresh push by legislators
The North Carolina House resumed its effort Wednesday to get a constitutional amendment on the ballot that makes clear governments can't condemn someone's land solely for private economic development.
Eminent domain cases settled for $10M
A family in Wake County has settled a string of condemnation actions with the N.C. Department of Transportation for a total of $10.3 million – about $6 million more than they were initially offered for the land.
State hit with $6.3 million verdict in eminent domain dispute
A jury in Brunswick County has awarded $6.3 million to a brother and sister who took on the state in an eminent domain case.
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