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 First passed in 1987 and later repealed, the…

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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…

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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…

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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…

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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…

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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…

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Federal Appeals Court Stops Work on Atlantic Coast Pipeline

On May 16th, the United States Court of Appeals for the Fourth Circuit—ruling in a suit brought by the Southern Environmental Law Center—invalidated the U.S. Fish and Wildlife Service’s permit for the Atlantic Coast Pipeline. They ruled the permit inadequately assessed potential impact on both endangered and sensitive species. A forthcoming order will soon set…

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Residents Homes Being Condemned for Construction of NC 540 Southeast Extension Project in Wake County

The NC 540 Southeast Extension project is a project intended to meet the growing population and traffic in southeastern Wake County. Recently, a public meeting was held which served as an opportunity for property owners to learn how their property may be affected and for them to express any concerns they had. If you missed…

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Improvements to be Made to Three Sections of Shelby Bypass

The U.S. 74 Shelby Bypass project in Cleveland County is broken up into six sections, some of which are already completed. Of the sections that have already been built and graded, three are going to receive upgrades. Recently, the N.C. Department of Transportation (NCDOT) awarded a $16 million contract to improve three sections of the…

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Will Your Business Be Affected by The U.S. 70 Improvements Project in New Bern/James City?

The North Carolina Department of Transportation is planning to make Improvements to U.S. 70 in New Bern/James City. The intended project is a 2.5 mile long stretch between Garner Road to the Neuse Rive Bridge with the overall goal of improving traffic flow in this area. While this may be seen as a positive improvement…

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