Judge Orders that NCDOT Cannot Limit Interest Rate for Map Act Corridor Property Owners
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.”
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...
Raleigh’s Triangle Expressway Back on Track
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...
$5,075,000 Judgment for Breach of Contract
Collection litigation on monies due for providing letter of credit to get bid for Canadian Winter Olympics
Breakdown & Quotes Map Act Case Opinion
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,’
WFMY TV interview with Inverse Condemnation Attorney and Property Owner
Eminent Domain and Inverse Condemnation in North Carolina Kirby v. NCDOT cases
Court orders NCDOT to finally pay
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.
Map Act – Inverse Condemnation Ruling 11/21/2017
The North Carolina Court of Appeals ruled once again in favor of property owners today. This ruling gets property owners back on the road to getting paid for the inverse condemnation claims resulting from NCDOT's use of the Map Act to freeze properties in the Forsyth...
Arguments before NC Court of Appeals on Beltway Cases
On Monday November 14, 2017, the eminent domain attorneys at HBNSO argued against the NCDOT in the North Carolina Court of Appeals. The essence of the argument is the NCDOT has filed subsequent, direct eminent domain cases against property owners in Forsyth County who...
NC Post Judgment Collections & Interrogatories
But here’s where it gets better. At this point in the execution process, it’s time to send interrogatories. Interrogatories are written questions. These have to be answered under oath or verified by the judgment debtor and notarized.