Why should a property owner file an Inverse Condemnation Claim?
If you are a Property Owner whose property has been affected by the NCDOT Map Act corridors, then you have an Inverse Condemnation.
Why: Kirby v. North Carolina Department of Transportation, Court of Appeals (NCCOA 14-184) ruled that property owners affected by the N.C. Department of Transportation’s use of the Map Act was an inverse condemnation. This was a landmark victory.
Condemnation is the taking of property owner’s land for public purpose. The taker has to pay just compensation for the property taken.
Inverse Condemnation is a term used in the law to describe a situation in which the government takes private property but fails to pay the compensation required by the 5th Amendment of Constitution. In some states the term also includes damaging of property as well as taking it.
The Map Act Corridors have been ruled an inverse taking by the N.C. Dept. of Transportation in the Kirby case one by attorney Matthew Bryant at Hendrick Bryant Nerhood Sanders & Otis LLP on behalf of property owners in the following North Carolina areas: Forsyth County, Wake County, Cleveland County, Cumberland County, Guilford County, and Pender County.
Damages due Property Owners:
Since this was an inverse condemnation case, the North Carolina General Statutes say the court “shall determine and award or allow to such plaintiff, as a part of such judgment, such sum as will in the opinion of the judge reimburse such plaintiff for his reasonable cost, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding.”
Further, in an inverse condemnation case, “the judge shall…add interest at the legal rate as provided in G.S. 24-1 on said amount from the date of taking to the date of judgment”
NCGS 24-1 states: “The legal rate of interest shall be eight percent (8%) per annum for such time as interest may accrue, and no more.”
The date of taking is the date the Map Act was recorded in the Register of Deeds that listed the property owner.
Next step for Property Owners:
To receive these damages for the inverse condemnation due to the NCDOT Map Act, the property owner must file an inverse condemnation lawsuit.
We have already filed inverse condemnation claims for over 100 property owners. We’re filing more each week. We have 6 years worth of evidence in the NCDOT cases, including 60,000 pages of their appraisals along the affected corridor properties.
Our standard attorney fees are 15% of the total recovery for an Inverse Condemnation Claim. Considering that the NCDOT shall have to pay attorney fees in the case, the NCDOT will be paying your attorney fee, this will save you more. This fee is not paid unless we recover money for the property owner & is paid only at the time money is collected from the NCDOT.
There are bills in the N.C. Legislature attempting to repeal and/or amend the Map Act. Thus said, that could affect your inverse condemnation claim if it is not filed before certain deadlines to be determined in the legislation.
Rule 2.1 Judge Designations:
One of the benefits of choosing Hendrick Bryant in the NCDOT Inverse Condemnation/Map Act Corridor cases is that we’ve been granted special judges to hear the cases.
It’s called Rule 2.1 Judges. The Courts have recognized that because these cases are not class actions, but that there are hundreds of them statewide, that it would be best for them to be handled by specially designated judges.
So when we file the Map Act cases for the property owners, the Chief Judge of the particular district submits this to the Chief Justice of the North Carolina Supreme Court to designate this as an additional case in the hearings.
The benefit is the same judges will hear these cases, know the law, and we can fast track them.
At Hendrick Bryant law firm, because we are handling plenty of cases, we will know how the NCDOT is handling cases, know what others are getting, and can apply that valuable knowledge.
We are the lone firm to challenge the NCDOT’s use of the Map Act Corridors. We are the firm that one the seminal ruling in Kirby v. NCDOT that ordered that the NCDOT took landowners’ property without just compensation.
Call 336-723-7200 to speak with a NC condemnation attorney about your case.