Property Rights, Due Process, and the Map Act

August 9th, 2018

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First passed in 1987 and later repealed, the Map Act prevented property owners from making improvements to their own private land—keeping acquisition costs low in the event the state intended to take the land for coming road projects.

The Map Act brought with it a number of challenges—including questions regarding due process and the constitutionality of the law itself. The Map Act is now subject to 500 lawsuits filed by private landowners. These landowners—all of whom own property along the proposed routes of future highway projects—state the Map Act has:

  • Prevented them from improving privately held land
  • Prevented them from selling land for the fair value
  • Held the value of land to figures well below normal
  • Stopped them from using the land as they intended
  • Imposed other restrictions making land unmarketable

A number of cases regarding the Map Act have been heard in Robeson and Cumberland counties—with landowners winning significant monetary compensation for the diminished value placed on their property.

Currently, there are over 500 additional lawsuits in other areas still pending trial—with a total anticipated payout of over $500 Million from the state. These suits reflect landowners affected by projects in Johnston, New Hanover, Pender, and Wake counties—among others.

The North Carolina Department of Transportation has since stated existing court rulings will not delay construction on the Fayetteville Outer Loop—and that work on this and other pending projects will proceed as scheduled.

Henson Fuerst provides additional details on the intent, scope, and consequences of the North Carolina Map Act here.

We’re on Your Side

If your land, home, or business is affected by any type of land condemnation, call Henson Fuerst at 866-821-3146 for a FREE CONSULTATION. An experienced eminent domain and land condemnation lawyer will speak with you and answer all of your questions. At Henson Fuerst, we will explain your options, and stand with you every step of the way in fighting to protect your rights to the fair and just compensation you may deserve.

When you call, you will speak with one of our experienced North Carolina eminent domain and land condemnation attorneys absolutely FREE. Attorneys David Henson and Anne Fisher are committed to protecting the rights of property owners facing Land Condemnation.

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