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Real Property – Eminent Domain — Civil Practice – Class Action – Certification Denied – Winston-Salem Northern Beltway – Map Act (access required)

Beroth Oil Co. v. North Carolina Department of Transportation In preparation for a proposed northern beltway around Winston-Salem, the N.C. Department of Transportation has placed many tracts of land in regulatory limbo – the DOT is not yet buying most of the land, but it is restricting the owners’ ability to use the land. Given the uniqueness of land and the variety of uses to which the affected owners have put or may wish to put their land, the owners do not form a class within the meaning of N.C. R. Civ. P. 23.

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