The North Carolina Department of Transportation has settled with a Madison County family for $335,000 after it eliminated access to the family’s land because of a surveying mistake, an attorney for the family reports. Andrew Howell of Sigmon, Clark, Mackie, ...

Tagged with: Inverse Condemnation

Holding: Even though the defendant-town did not have a public purpose for raising the level of the lake which borders plaintiffs’ property, a public purpose is not a prerequisite for the filing of an inverse condemnation claim under G.S. § ...

Tagged with: Inverse Condemnation

The North Carolina Department of Transportation has agreed to pay more than $1.8 million to Lane Tree Farms Inc., which alleged that nearby highway construction caused stormwater to flood its golf course and event center in Goldsboro. Lane Tree Farms ...

Tagged with: Inverse Condemnation

In an opinion that one lawyer likened to “Seinfeld,” the N.C. Supreme Court has dealt another blow to a group of long-suffering property owners in the path of the proposed Winston-Salem Northern Beltway.

Tagged with: Inverse Condemnation N.C. Supreme Court

Kirkpatrick v. Town of Nags Head Even though the defendant-town has commercial general liability insurance, the destruction of the road that provided access to plaintiffs’ beach house was an act of God, which is not a covered occurrence. Since the town made a conscious decision not to repair and to close what was left of the road, the town’s acts and omissions were not a covered occurrence, either. We reverse the trial court’s denial of summary judgment for the town on the grounds of governmental immunity.

Tagged with: Governmental Immunity Insurance Inverse Condemnation Municipal Real Property Tort/Negligence

L & S Water Power, Inc. v. Piedmont Triad Regional Water Authority. (Lawyers Weekly No. 11-07-0405, 19 pp.) (J. Douglas McCullough, J.) Appealed from Guilford County Superior Court. (Calvin E. Murphy, J.) N.C. App. Click here for the full text of ...

Tagged with: Guilford County Inverse Condemnation Real Property

In 1904 the Springs family conveyed to the city of Charlotte a tract of land for use as a public park - not for public parking. Now that Mecklenburg County and Central Piedmont Community College have built a $21 million garage on what was once a part of the parkland, the Springses want it back.

Tagged with: Adverse Possession Charlotte Eminent Domain Inverse Condemnation real estate Real Property