Adult Guardianship & Incompetency in NC

Guardianship proceedings in North Carolina are special proceedings before the clerk of superior court. Commencement of Proceedings: The process is started when a petition is filed with the clerk’s office alleging that the respondent, or proposed ward, is legally...

Timbering Land in NC

You own land with harvestable timber. But you, like me, are not in the timber business. If you are not careful, you will not get paid what you should get paid. First, decide if you want a timber consultant. If you hire one, make sure the contract (yes, get a signed...

DOT Sanctioned by Forsyth County Judge

In the order the court used the following language about the DOT’s failure to comply with its order:   “reckless indifference, gross negligence and bad faith.” “No one at NCDOT sounded the alarm that delays were occurring. At the [sanctions] hearing, NCDOT primarily engaged in finger-pointing, both within and without the NCDOT organizational structure.” The order’s findings of fact included that the DOT has hired at least 7 law firms to represent the DOT in the Map Act cases, including the N.C. Attorney General’s Office.

Shelby Bypass U.S. 74 Inverse Condemnation

Shelby Bypass U.S. 74 Condemnation is underway. The Shelby Bypass is subject to the Map Act Cases for inverse condemnation. The Map Act was filed on property owners in the path of the US 74 Bypass in 2010. For those that have not filed Map Act Inverse Condemnation...

Map Act Appellate Opinion on Dismissal

After the property owners filed their inverse condemnation cases & After the property owners received a partial judgment determining there was a taking & After the DOT was ordered to plat the property, appraise, and deposit, The NCDOT tried to file separate...