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Sep 25, 2015

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.

Sep 23, 2015

DOT pays $570K for taking three driveways

After initially threatening to withdraw an offer of $231,000 in an eminent domain action, the North Carolina Department of Transportation has agreed to pay $570,000 to the owner of a furniture store in Forsyth County. The DOT made its first offer after taking three of the 42,000-square-foot furniture store’s four driveways while extending Macy Grove […]

Feb 20, 2015

DOT ordered to pay

Following this week’s loss at the North Carolina Court of Appeals, the state’s Department of Transportation could face lawsuits from more than 1,000 residents who own property that has been frozen for years under the controversial Map Act.

Mar 10, 2014

DOT spanked for contract award

The state Department of Transportation broke its own rules when it awarded two six-figure contracts to a startup company with no experience doing the job it was almost hired to do, according to a Wake County trial judge. The Beginning Cleaning Services, which operates out of an apartment in Morrisville, underbid its competitors vying for […]

Feb 25, 2014

Beltway property owners seek relief

Fifteen years ago, Michael Hendrix and his family watched a $1.2 million deal for a third of their 24-acre property crumble when the would-be buyer learned that the property stood in the path of the proposed Winston-Salem Northern Beltway. The N.C. Department of Transportation approached Hendrix in early 2007 with an offer to buy all […]

Jan 16, 2014

Bankruptcy – Automatic Stay – Willful Violation – Punitive Damages – NCDOT

In re NCVAMD, Inc. (Lawyers Weekly No. 14-05-0050, 7 pp.) (Stephani W. Humrickhouse, J.) 10-03098-8; E.B.N.C. Holding: In its motion for relief from the automatic stay, the N.C. Department of Transportation alleged, “Prior to becoming aware of the Bankruptcy proceedings, NCDOT commenced in the North Carolina state courts an eminent domain proceeding in which the […]

Dec 2, 2013

Administrative – Civil Practice – Standing – ‘Person Aggrieved’ – Civil War Monument Removal

Historical Preservation Action Committee, Inc. v. City of Reidsville Plaintiffs were not “persons aggrieved” and did not have standing to seek a declaratory ruling from state agencies that a Civil War monument was state property that had been improperly removed. Even though G.S. § 160A-400.1 gives municipalities the power to regulate historic districts and monuments, the statute prov[...]

Sep 20, 2013

Landowners try again for class certification against DOT

A group of people who own property in the path of the proposed Winston-Salem Northern Beltway argued for class certification earlier this month at the North Carolina Supreme Court, where at least one justice seemed troubled by their plight.

Jul 26, 2013

DOT pays big for Charlotte land-taking

The N.C. Department of Transportation has paid one of the largest eminent domain settlements in the agency’s history to a shopping center that was essentially cut off from a major thoroughfare in Charlotte. The Independence Shopping Center, one of a series of businesses that have been crippled by the Independence Boulevard expressway project, has secured a $22.5 million payment from the state, a[...]

Jan 28, 2013

Road contractor collects $6.5M settlement from DOT

A letter from the N.C. Department of Transportation secretary to a disgruntled resident helped a contractor win a $6.5 million award in the settlement of a breach-of-contract claim last month. Plaintiff’s attorney Matthew Bouchard said his client first filed a verified claim seeking more than $13 million to recover operating costs lost when completion of a road project the contractor was working[...]

Jan 3, 2013

Former Wake school chief to head DOT

The once-embattled former chief of Wake County schools was named Thursday to lead North Carolina's Department of Transportation, completing Gov.-elect Pat McCrory's Cabinet two days before he is sworn in.

Dec 17, 2012

Real Property – Administrative Authority – DOT – Driveway Permit Statute – Railroad Crossing

High Rock Lake Partners, LLC v. North Carolina Department of Transportation A specific statute – the Driveway Permit Statute – gives the N.C. Department of Transportation authority to set conditions for property owners to gain access to adjacent roads. That statute does not give allow DOT to require a property owner to improve a railroad crossing a quarter-mile away or to obtain the c[...]

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