News for Property Owners Winston-Salem Beltway, Raleigh 540 Southern Loop, Shelby 74 Bypass, Fayetteville Outerloop

Congratulations on the N.C. Supreme Court Victory. The attorneys at Hendrick Bryant Nerhood Sanders & Otis have been fighting for over 6 years for you. Matthew Bryant was lead counsel

Justice Newby wrote the opinion. In it the NC Supreme Court affirms the unanimous Court of Appeals opinion. The Court of Appeals found that the NCDOT had inversely condemned property owners property when it recorded the map act corridor on their properties in the register of deeds. In the Supreme Court opinion the justices ruled that the trial court “must determine the value of the loss of these fundamental rights by calculating the value of the land before the corridor map was recorded and the value of the land afterward, taking into account all pertinent factors, including the restriction on each plaintiff’s fundamental rights” (p.15 of the opinion, 56PA14-2) . Inverse condemnation allows an owner to “recover to the extent of the dimunition in his property’s value” as measured by “the difference in the fair market value of the property immediately before and after the taking” (p. 14 of the opinion).

Here are several news articles from the June 10, 2016 case:

Raleigh News & Observer:

Carolina Journal:

NC Policy Watch:

Here’s a link to see the oral arguments in the N.C. Supreme Court from February of 2016, courtesy of Civitas (video of arguments)

This is an inverse condemnation claim against the North Carolina Department of Transportation (NCDOT). Property owners in the Map Act Corridor, including Winston-Salem Beltway, Raleigh 540 Southern Loop, Shelby 74 Bypass, Fayetteville Outerloop, Greenboro Outerloop can now go forward on their damages claims against the NCDOT.

We are condemnation attorneys in North Carolina. The Kirby v. NCDOT ruling is a landmark victory for property owners. See also Beroth Oil Company vs. NCDOT.

Call today to discuss your condemnation claim with the attorneys that won this landmark victory for NC property owners.