The News & Observer reports on the Bill to Repeal the Map Act. See http://www.newsobserver.com/news/traffic/road-worrier-blog/article16159775.html
“The Map Act cannot be tweaked or fixed,” said Rep. Debra Conrad of Forsyth County.
The Map Act lets the state Department of Transportation block development indefinitely on private land it might want to buy, years in the future, to build new roads.
The House Committee voted unanimously to repeal the Act.
What is the Map Act? The Map Act was enacted in 1987 to allow the NC Department of Transportation (NCDOT) to mark properties in the Register of Deeds that’s in a future road corridor for a highway.
The NCDOT doesn’t take the property by the normal eminent domain (just compensation methods) and pay the land owners then and there. Nonetheless, the property owners can’t subdivide their land for development purposes. They can’t get a permit to do improvements to their property for 3 years. By law, a permit is supposed to be approved by the local municipality within 45 days.
AND the NCDOT doesn’t have any deadline to buy the property. In sworn testimony, NCDOT officials have stated that some of these roads may not be built (taken) for 20, 30, up to 60 years!
This leaves property owners in limbo for a long, long time.
No one sells property in these Map Act Corridors.
The Map Act affects the Outer Loop 540 aka Southern Wake Expressway in Raleigh, Wake County.
74 Bypass aka Shelby Bypass in Shelby, Cleveland County.
Northern Beltway in Winston-Salem, Walkertown, Pfafftown, Clemmons, and Rural Hall of Forsyth County.
Greenville Southwest Bypass in Greenville, Pitt County
U.S. 17 Hampstead Bypass in Wilmington, Pender County and New Hanover County
Fayetteville Outer Loop in Cumberland County
Greensboro Loop in Guilford County
The law firm of Hendrick Bryant has fought the case in the trial courts, Court of Appeals, and Supreme Court.
On February 27, 2015 the Court of Appeals by a unanimous 3 panel of judges ruled in favor of the property owners. Matthew Bryant of Hendrick Bryant argued the case successfully that the NCDOT inversely condemned the property (to learn more on inverse condemnation, see https://takingland.com/inverse-condemnation/ .
On March 24, 2015 the NCDOT filed a petition for discretionary review to the N.C. Supreme Court.
Hendrick Bryant is still filing lawsuits on behalf of property owners harmed by the NCDOT’s inverse condemnation taking.
Hendrick Bryant Nerhood Sanders & Otis, LLP
723 Coliseum Dr. Ste. 101
Winston-Salem, NC 27106