Property Rights, Due Process, and the Map Act

8.8 NC Land 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 First passed in 1987 and later repealed, the…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

6.8 nc land

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

6.5 nc land

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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Recent Rule 60(b) Ruling by NC Court of Appeals

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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

10.13 nc land

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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Improvements to be Made to Three Sections of Shelby Bypass

2.22 nc land 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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