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

May 25th, 2018

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 who attempts to negotiate a case without the assistance of legal counsel.  A property owner can settle their case and end up with a whole lot of unexpected outcomes- such as the loss of parking, the loss of visibility from the road, large retaining walls, and significant grade changes.

Eminent domain law in North Carolina is complicated, and not everything is as it seems.  On top of that, in this recent case, the NC DOT boldly asserts that they “had no duty to disclose additional information”  to the land owner when it comes to dealing with the land owner in a fair manner.   In other words, the DOT was waffling on whether they have to be completely open, honest, and transparent on roadway plans, how their right of way agents communicate to land owners, how they negotiate against property owners, what their duties are if there are revisions to the original roadway plans, and many other facets.

To read the full Court of Appeals ruling, click here.

Unfortunately, design plans for DOT projects are often depicted in a one-dimensional drawing that can make it confusing for a land owner when they are looking for factors such as grade changes, slope easements, the height of retaining walls, and the loss of parking.  The experienced land condemnation lawyers of HensonFuerst will have the skill, knowledge and training to go beyond just this single design plan and will take into account all of these factors before negotiating a settlement, executing a consent judgment or taking your case to trial.

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 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 attorneys absolutely FREE. Attorneys David Henson and Anne Fisher are committed to protecting the rights of property owners facing Land Condemnation.

Call Henson Fuerst, Because Your Case Matters