Acquisition By Plans Not Acceptable in North Carolina

North Carolina has ruled that the “Maps” for future acquisitions simply are not acceptable. Holding onto properties for twenty plus years while not having any full knowledge of how to proceed through the acquisition so affects properties that the North Carolina Supreme Court held that compensability should be applied.

“‘The state of North Carolina is not using valid regulatory laws,” Bryant said. “That means they took the properties and now they are going to have to pay for those properties.”

The Supreme Court ruling said compensation would be on a case-by-case basis and would depend on the market value of properties before and after they were put under the Map Act, the state law allowing the DOT to curb development on land it plans to use for future roads.

Bryant said the ruling means the property cases will proceed like “a normal condemnation.”

Justice Paul Newby, writing for the court, said that the Map Act restricted the landowners’ ‘fundamental rights to improve, develop and subdivide their property for an unlimited amount of time.’”

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