body-drop

NCDOT Must Pay When it Files a Transportation Corridor Protection Map

On June 10, 2016 the North Carolina Supreme Court affirmed the decision of the North Carolina Court of Appeals in the case of Kirby v. North Carolina Department of Transportation.

The North Carolina Supreme Court unanimously determined that when the NCDOT records a corridor protection map and invokes the Map Act’s restrictions on property, the NCDOT has effectively taken property rights, thereby exercising the government’s power of eminent domain. In essence, the Court turned the NCDOT’s argument that the Map Act’s purpose was to control its future acquisition costs against the agency’s position. The Court concluded that because of the restrictions placed on affected property by the Map Act, which prevents any improvements or development within the protected corridor, the recording of the corridor protection map constitutes a taking of the private property rights of the owners. The owners therefore are entitled to just compensation. Just compensation is the difference in the value of the property immediately before the Transportation Corridor Protection Map is filed and the value of the property after the Transportation Corridor Protection Map is filed.

Read the rest of the article at JDSupra.com


Subscribe to rss

No Comments Yet.

Leave a Reply

Contact Us for a Free, No Obligation Consultation


Fields marked with an * are required
















Subscribe to our Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Testimonials

” …It is so refreshing to know a law office that does what it says it will do…you are truly an expert in this field and I am greatful…”

- Jerald Lang,Marshfield, WI

“[I was] very satisfied. [We] got more money than the DOT offered. [It was] great working with Biersdorf & Associates.”

- Roland Thomas,Lowman, NY

“Dan listened to me; some of the attorney’s I have spoken to around my state do all the talking, but do not hear what we are saying.”

- Theresa Cornell,Milton, WV

Read More