Raleigh News & Observer reports on the 11/21/2017 Court of Appeals ruling for Map Act Cases in Forsyth County & Guilford County. The ruling also impacts property owners in Wake County 540 Southern Loop pathway & Fayetteville’s I-95 Outer Loop.
See News & Observer report: Court orders NCDOT to finally pay landowners hurt by unconstitutional law. But will it?
“Matthew Bryant, a Winston-Salem attorney whose firm represents the majority of Map Act cases in the state, said it affirms that the owners had their property taken without proper compensation and that the state should begin paying them.” The NCDOT’s general counsel said in his response “Otherwise, we’re stuck with the plaintiff’s attorneys approach, which is designed to maximize the returns to landowners.”
The opinion by the appellate court, upholds the trial court’s order for the NCDOT to 1) plat, 2) appraise, and 3) deposit money for the taking. One excerpt from the opinion stated: “The constitutional right to just compensation when the state takes an individual’s private property rights for public use will not be suspended on the mere fact that it may be expensive.”
For the entire opinion see BEROTH OIL COMPANY v. NCDOT . Much of the ruling denies NCDOT’s appeal. The NCDOT appealed an interlocutory order (meaning: not a final order). The Court said it is premature. Further it denied the NCDOT’s main defense of Sovereign Immunity.
Attorneys at HBNSO and their co-counsel in each of the counties are taking steps for the courts in each county to proceed with implementing the inverse condemnation cases.
Call 336-723-7200 to discuss your eminent domain case in North Carolina.