Blog
Alamance County Commissioners Oppose Expansion of Mountain Valley Pipeline
A resolution passed by the government of Alamance County, North Carolina to oppose the expansion of the Mountain Valley Gas Pipeline into the north-central portion of the state marks the first time a county has formally opposed an interstate gas pipeline in North Carolina. A detailed article on the story appears here. The four Republicans and one Democrat who comprise…
More Than $7 Million Dollars Spent So Far Defending NCDOT in Current Map Act Litigation
A recently released NCDOT Legislative report breaks the news that more than $7 million dollars has been spent so far defending the NCDOT in the current Map Act litigation. To date, the DOT outside counsel has lost two trials and multiple appeals to the North Carolina Court of Appeals and Supreme Court. In nearly all other condemnation cases across the…
Temporary Construction Easements: What They Mean For Business Owners
In the recent North Carolina Court of Appeals opinion of NC Department of Transportation v. Butmataji LLC, the court upheld the trial judge in a case where the court restricted an appraiser from testifying about lost income as a result of a temporary construction easement. Instead, the court directed that for temporary construction easements the proper measure of damages is…
Work Underway to Extend Military Cutoff Road to I-140
Construction crews are working on the extension slated to connect Military Cutoff Road to Interstate 140 despite a history of challenges. A detailed article on the project is available here. The future six-lane road project—an expansion designed to ease traffic on Market Street—was first envisioned over 20 years ago. The goal is to provide better access to expanding neighborhoods in…
Property Rights, Due Process, and the Map Act
In North Carolina, a legislative action known as the Map Act allowed the state Department of Transportation to impose heavy usage restrictions on privately owned land close to the proposed routes of new state highways. An article on the problematic nature of the Map Act appears here. First passed in 1987 and later repealed, the Map Act prevented property owners…
NCDOT, Planning Board Propose Renaming Hampstead Bypass as N.C. 417
On Wednesday, May 23, 2018; members of the Wilmington Urban Area Metropolitan Planning Organization (WMPO) board and the North Carolina Department of Transportation (NCDOT) discussed a current proposal to label the Hampstead Bypass and Military Cutoff Road Extension as “N.C. 417” rather than the “U.S. 17 Bypass.” The highway number will avoid confusion in several areas—most notably in Wilmington, where…
Property Easements: A National Problem for Homeowners
Issues surrounding property easements—legal rights granted to a corporation or agency to use another’s land for a specific limited purpose—are not just a North Carolina issue. The concerns that remain when an organization has legal use of property owned by others are national in scope. Recently, homeowners in the suburbs of Philadelphia, Pennsylvania have expressed their concerns over Sunoco’s $5.1…
Henson Fuerst Holding Free Public Seminar June 5th on Allen Road Widening project
On Tuesday, June 5th, attorneys from Henson Fuerst will host a seminar to educate property owners on their rights and answer questions from the community regarding the Allen Road Widening project. The event is free and open to the public. Concerned parties should mark their calendars: Date: Tuesday, June 5th, 2018 Time: 6:00 pm Location: Hilton Greenville 207 Greenville Blvd SE…
Henson Fuerst Holding Free Public Seminar May 31st on Hampstead U.S. 17 Improvements and Dan Owen Connector
On Thursday, May 31st, attorneys from Henson Fuerst will host a seminar to educate property owners on their rights and answer questions from the community regarding the North Carolina Department of Transportation U.S. 17 Highway Improvements Project. The event is free and open to the public. Concerned parties should mark their calendars: Date: Thursday, May 31st, 2018 Time: 6:30 pm…
Recent Rule 60(b) Ruling by NC Court of Appeals
A recent ruling by the NC Court of Appeals in the matter of N.C. Department of Transportation v. Laxmi Hotels of Spring Lake, Inc, et al has a number of important reminders to land owners who are losing property through the condemnation process. First, and foremost, this case is a prime example of what can happen to a land owner…