HB 183- An Act to Repeal the Transportation Corridor Official Map Act

Today, April 16, 2015, N.C. House Finance Committee unanimously approved the bill to REPEAL the Map Act. Attorney Matthew Bryant*, at the request of the committee, spoke on the effects of the Map Act to the Committee.

In a surprise, the bill was put on House Floor as add-on and passed 114-0. The citizens have spoken. The legislature has heard your voice.

Attorney Matthew Bryant was invited today to speak to the Finance Committee. He made arguments in favor of inversely condemned property owners.

Thanks goes out to the sponsors: Representatives R. Brown, D. Conrad, Lambeth, Watford (primary), Brody, Cleveland, Dixon, Jeter, and Zachary

The act calls for the DOT to develop a process that abides by the N.C. Court of Appeals holding in Kirby v. NC Department of Transportation. They have 6 months to do so.

Below is the bill text.

Now to the N.C. Senate. Please note that the Senate has two competing bills: 1) that repeals the entire Map Act Corridor & 2) the other restricts the NCDOT to 10 years of detaining property.

We want the entire act repealed. Call your local Senator and tell them to vote to REPEAL the Map Act.

*Matthew Bryant, attorney at Hendrick Bryant Nerhood Sanders & Otis LLP, fought the NCDOT in trial and appellate courts for property owners. Hendrick Bryant’s eminent domain attorneys won the Kirby v. NCDOT appellate holding for property owners.

1A BILL TO BE ENTITLED

2 AN ACT TO REPEAL THE TRANSPORTATION CORRIDOR OFFICIAL MAP ACT.

3 The General Assembly of North Carolina enacts:

4 SECTION 1. Article 2E of Chapter 136 of the General Statutes is repealed.

5 SECTION 2. G.S. 47-30(l) reads as rewritten:

6 “(l) This section does not apply to the registration of highway right-of-way plans

7 provided for in G.S. 136-19.4 or G.S. 136-89.184, nor to the registration of roadway corridor

8 official maps provided for in Article 2E of Chapter 136 of the General

9 Statutes.G.S. 136-89.184.”

10 SECTION 3. G.S. 105-277.9 is repealed.

11 SECTION 4. G.S. 105-277.9A is repealed.

12 SECTION 5. Subsection (m) of G.S. 105-296 is repealed.

13 SECTION 6. G.S. 160A-458.4 is repealed.

14 SECTION 7. Subsection (c) of G.S. 161-14 is repealed.

15 SECTION 8. The Department of Transportation shall study the development of a

16 process for acquiring land for future highway construction that is in accordance with the

17 holding of the North Carolina Court of Appeals in Kirby v. North Carolina Department of

18 Transportation, No. COA14-184 (N.C. Ct. App. 2015). The Department shall report its

19 findings and recommendations, including any legislative proposals, to the Joint Legislative

20 Transportation Oversight Committee no later than six months after this act becomes law.

21 SECTION 9. Sections 3 and 4 of this act are effective for taxes imposed for

22 taxable years beginning on or after July 1, 2015. The remainder of this act is effective when it

23 becomes law and applies to maps filed before, on, or after that date.