NC Supreme Court Issues Landmark Ruling in Favor of Land Owners

June 14th, 2016

The Transportation Corridor Official Map Act has caused frustration and hardship for many North Carolina landowners for more than two decades. Since 1989, the Map Act has given the North Carolina Department of Transportation (NCDOT) the right to impose indefinite restrictions on the use of property that falls within the boundaries of future highway bypass projects.

Thousands of North Carolina residents have been prevented from freely using the land they rightfully own due to the restrictions of the Map Act.

On Friday 6/10, the North Carolina Supreme Court made a ruling in the case of Kirby v NCDOT that is a major victory for landowners statewide.

In their decision, the court ruled that the Map Act constituted a governmental taking of land owners’ fundamental property rights. The court ruled that landowners that have had their property taken by the NCDOT under the Map Act are entitled to seek damages.

Under this recent decision, North Carolina landowners will now be entitled to seek damages for:

  • The value of the land rights that have been taken from them
  • Annual interest back to the date of the Transportation Corridor Official map filings
  • Attorney’s fees
  • Expenses and reimbursement for back taxes paid

To read the entire court decision in Kirby v. NCDOT, click here.

If you or a loved one has been prevented from building on, improving, or otherwise using property you own in North Carolina due to restrictions from the NCDOT, you may be entitled to compensation. Call us at (919) 781-1107 to speak with one of our experienced North Carolina Eminent Domain attorneys absolutely FREE.

Call today or fill out a free consultation form online to find out how Henson Fuerst may be able to help. Our North Carolina Eminent Domain attorneys are representing landowners who have inverse condemnation claims stemming from the Map Act.

To learn more about your legal rights, call us today at (919) 781-1107. The call is always free, and you owe us nothing unless we win your case.

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