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Judge dismisses DOT’s direct condemnation actions
A trial judge in Forsyth County has dismissed several condemnation actions that the North Carolina Department of Transportation filed against property owners affected by the now-defunct Map Act. “It’s unheard of to get direct condemnation actions dismissed,” said an attorney for the owners, Matthew Bryant of Hendrick Bryant in Winston-Salem. “This is a remarkable change […]
Real Property – Eminent Domain – Map Act – Corridor Filing – Municipal Planning Organization
Jamestown Pender, L.P. v. North Carolina Department of Transportation (Lawyers Weekly No. 011-385-16, 18 pp.) (Ann Marie Calabria, J.) (Chris Dillon, J., concurring in the result only without separate opinion) Appealed from Pender County Superior Court (Jay Hockenbury & Gary Trawick, JJ.) N.C. App. Holding: As permitted by the Transportation Corridor Official Map Act, G.S. […]
Real Property – Eminent Domain – Map Act – Corridor Filing – Municipal Planning Organization
Jamestown Pender, L.P. v. North Carolina Department of Transportation (Lawyers Weekly No. 012-208-16, 19 pp.) (Ann Marie Calabria, J.) (Chris Dillon, J., concurring in the result only without separate opinion) Appealed from Pender County Superior Court (Jay Hockenbury & Gary Trawick, JJ.) N.C. App. Unpub. Holding: As permitted by the Transportation Corridor Official Map Act, […]
DOT ordered to appraise Map Act properties, pay owners
After waiting since the 1990s for the North Carolina Department of Transportation to pay for taking their homes, businesses and other properties through Map Act filings, hundreds of residents are going to have to wait a little longer. But the end appears to be near. Forsyth County Superior Court Judge John Craig has ordered the […]
Legislature quietly slashes DOT condemnation interest rate
Fearing that the state would hemorrhage hundreds of millions of dollars after losing a legal fight over the Map Act, lawmakers pushed through a bill with a last-minute provision that drastically reduces the interest that gets folded into the compensation residents receive when the North Carolina Department of Transportation takes their land.
Will the Map Act be repealed?
Lawmakers have been mulling legislation to repeal the state’s Map Act for more than a year. Much of that time was spent waiting on the North Carolina Supreme Court to weigh in on the law. That happened in early June, when the court held that the state Department of Transportation has been effectively taking land […]
End of the road for NCDOT and Map Act
Now that the North Carolina Department of Transportation’s effort to save the Map Act has reached a dead end at the state Supreme Court, the next question is how many millions of dollars will the agency have to pay to right a nearly 30-year-old wrong? The high court on June 8 affirmed a state Court […]
Real Property – Map Act – Eminent Domain – Inverse Condemnation – Property Use Restrictions
Kirby v. North Carolina Department of Transportation (Lawyers Weekly No. 010-026-16, 15 pp.) (Paul Newby, J.) Appealed from Forsyth County Superior Court (John Craig III, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: By recording the corridor maps at issue here, which restricted the plaintiff-landowners’ rights to improve, develop and […]
NCDOT pays $652K to settle Map Act case
They had to wait nearly two decades for the check, but two siblings have received compensation from the North Carolina Department of Transportation for damage that was done to their family farmland in an eminent domain action.
North Carolina Supreme Court enters Map Act fray
Over the objections of a group of property owners, the North Carolina Supreme Court has agreed to hear the state’s challenge to a lower court decision that could force the Department of Transportation to pay hundreds of millions of dollars for land in the path of proposed road projects. The state is seeking a reversal […]
State fees to outside firms for Map Act litigation range widely
The North Carolina Department of Transportation is shelling out tens of thousands of taxpayer dollars a month to outside law firms that are helping the agency handle a flurry of lawsuits over the state’s use of the Map Act. Lawyers Weekly obtained through a public records request the DOT’s contracts with the outside firms, along […]
McCrory signs bill clarifying DOT’s role in Map Act litigation
Gov. Pat McCrory has signed a bill into law that makes North Carolina’s Department of Transportation liable for the legal bills of a county government agency that lost a lawsuit over the state’s Map Act. Senate Bill 654 took effect on July 16 and makes the Wilmington Urban Area Metropolitan Planning Organization, known as the […]
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