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 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...
NC Department of Transportation announced it awarded the contract to build three additional legs of the Eastern Northern Beltway.
The Court ruled it was unconstitutional on a strict scrutiny determination. The court asked “Can the State justify cutting the presumptive interest rate calculation for certain similarly-situated landowners by demonstrating a compelling governmental interest?” The court answered it’s question “The answer is obviously no.”
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...
Wake County's Judge Collins ordered the NCDOT to begin paying property owners in the path of 540 that have been trapped by the Map Act Corridor for over a decade. A scheduling order has been ordered for DOT to plat, appraise and deposit funds for the value taken from...
Collection litigation on monies due for providing letter of credit to get bid for Canadian Winter Olympics
And that the DOT “needs to face “the lesson, taught every day in the school of experience, that he cannot safely ‘run with the hare and hunt with the hound,’
Eminent Domain and Inverse Condemnation in North Carolina Kirby v. NCDOT cases
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.