Since 1989, the Transportation Corridor Official Map Act—a law passed by the North Carolina Department of Transportation (NCDOT)—has prevented owners from building on or improving their own land in areas that may be affected by future highway bypass projects. With property owners unable to renovate, subdivide, or sell; the land they rightfully own is effectively “frozen.”
The Transportation Corridor Official Map Act of NC
The Transportation Corridor Official Map Act allowed the state to map large areas of land around cities where it might someday want to build a bypass. While the state decides when and if to build, the Map Act prohibits landowners from improving or building on property within these areas.
The Map Act depresses property values around potential bypasses—allowing the state to later buy such properties for less than fair value if they decide to build. The effect is apparent around urban centers near interstate highways, including:
- Raleigh, Wake County
- Winston-Salem, Forsyth County
- Greensboro, Guilford County
- Shelby, Cleveland County
- Pender, New Hanover County
- Greenville, Pitt County
- Charlotte, Mecklenburg County
- Goldsboro, Wayne County
- Fayetteville, Cumberland County
- Other urban, suburban areas
Property owners in mapped areas cannot obtain building permits, renovate homes or businesses, subdivide, or otherwise develop their land. As there is no expiration for how long these maps apply; they are also unable to sell their property, due to uncertainty surrounding future use. Many property owners have suffered for years—even decades—because of these maps. Under related inverse condemnation laws, land owners who file suit may be able to seek damages that include:
- The Value of Land Rights Taken from Them
- Interest Dating to Transportation Corridor Official Map Filings
- Attorney’s Fees & Other Expenses
- Reimbursement for Back Taxes Paid
Kirby v. NCDOT Update—Inverse Land Condemnation
On June 10, 2016; the North Carolina Supreme Court ruled in Kirby v. NCDOT—striking down state actions to take land without paying proper damages to the owners. They ruled that such map filings constituted a governmental taking of land owners’ fundamental property rights—and that land owners are entitled to seek damages for the value of the rights taken from them.
Legal Help for Property Owners
If you have been restricted from building on, improving, or otherwise using your own property by the NCDOT, you may be entitled to compensation—but limitations dictate how long you have to bring a claim. Attorneys David Henson and Anne Duvoisin currently represent several landowners with similar inverse condemnation claims under the Map Act. If you need more information on the legality of inverse condemnation—as well as your rights to receive compensation for attorney’s fees and interest—contact Henson Fuerst. We want to protect your rights to your property.
We’re Here to Help
If you’re facing land condemnation—or the seizure of your home, business, church, or farm under eminent domain—you don’t have to face the government or big corporations alone. The experienced eminent domain and land condemnation attorneys at Henson Fuerst protect the rights of property owners across North Carolina—and we want to help you too. Call Henson Fuerst at (919) 781-1107 or complete our free initial consultation form.
When you call, you will speak with one of our experienced North Carolina eminent domain and land condemnation attorneys absolutely FREE.