In challenging NCDOT’s use of never ending development moratoriums, we see that local planning authorities often require owners to “reserve” out portions of their property for future roadways. Greensboro appears to be a frequent offender of these reservations.
These sort of “land planning” tactics – reservations, land banking, freezing – are generally held by court to be takings requiring just compensation.
The Kirby v. NCDOT case may serve to rein in these local planning departments’ imposition of property dedications or reservations without paying just compensation. Proper land use planning has health and safety are legitimate goals, and while orderly development is a proper purpose, getting better future prices is not.
Land use attorney’s in NC, Land planning attorneys NC, eminent domain attorneys NC
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