Submitted by kirksanderslaw on
March 20, 2018 Court of Appeals victory for property owners reported in Carolina Journal:
Winston-Salem’s Northern Beltway (I-74)
Fayetteville Observer report regarding Fayetteville Outer Loop: http://www.fayobserver.com/news/20180320/ruling-could-help-landowners-in-path-of-fayetteville-outer-loop
March 20, 2018: the North Carolina Court of Appeals issued another opinion that helps property owners in their on-going litigation against the NCDOT. In this opinion, which is reported in the above newspaper articles, the appellate court agreed that the Forsyth County trial court judge made the correct decision by dismissing NCDOT’s direct condemnation lawsuits filed after the property owners filed their respective lawsuits for inverse condemnation and had received partial judgments. The NCDOT was determined to be barred from filing a separate action based on the prior pending action doctrine.
The appellate court made numerous remarks about the value of a NCDOT direct condemnation case after resolution of the initial, property owners’ inverse condemnation case, including:
“However, the interests, if any, that (Property Owner) maintains in the Property is one of the issues to be determined in (Property Owner)’s Action.”
The Court quotes Beroth III: While this [c]ourt has not yet judicially imposed a fee simple valuation upon DOT at this juncture, DOT may ultimately conclude, based on the actual location of the [P]roperty and the fact that [the P]roperty will be graded and covered with asphalt, that it only makes sense to treat the appraisal as a fee simple valuation[.]
This latest opinion can be found on the HBNSO’s main website at: https://hendricklawfirm.com/map-act-appellate-opinion-dismissal/
We are the law firm that started and continues to fight for property owners statewide in the Map Act Eminent Domain cases. We’ve been litigating this for property owners for over 8 years. We won the Kirby I, Kirby II, Beroth III, and now Stimpson appeals for property owners.
Call today to discuss your eminent domain case.
Hendrick Bryant Nerhood Sanders & Otis, LLP
723 Coliseum Dr. Ste. 101
Winston-Salem, NC 27106