North Carolina Inverse Condemnation Law

STATE OF NORTH CAROLINA v. CHRISTOPHER ALLEN MCKIVER

At 9:37 p.m. on 12 April 2014, Wilmington Police Department (“WPD”) Officer Scott Bramley was dispatched to Penn Street in the Long Leaf Park subdivision in response to an anonymous 911 caller’s report that there was a possible dispute and a black man with a gun standing outside. Bramley activated his patrol car’s blue lights and siren on his way to the scene, stopped a... More...

$0 (05-18-2016 - NC)

Town of Midland v. Harry T. Morris

The Transcontinental Pipeline transports and distributes natural gas from the Gulf of Mexico to the northeastern United States. In April 2002, the City of Monroe, North Carolina, decided to supply the citizens of Monroe and the surrounding area with natural gas by a direct connection between its natural gas distribution system and the Transcontinental Pipeline. To directly connect to the Transcont... More...

$0 (01-18-2011 - NC)

Julie A. Derossett v. Duke Energy Carolinas, L.L.C.

Plaintiffs Julie A. DeRossett and Richard A. Sutton appeal from the trial court's order granting partial summary judgment in favor of Defendant Duke Energy Carolinas, LLC. After a careful review of Plaintiffs' challenges to the trial court's order in light of the record and the applicable law, we conclude that the trial court's order should be affirmed. I. Factual Background A. Subst... More...

$0 (09-07-2010 - NC)

North Carolina Department of Transportation v. David C. Blevins

As to the issue of whether the trial court abused its discretion by allowing evidence of the effect of the creation of a traffic median, which is an exercise of police power, we believe after reviewing the evidence presented at trial that the references were de minimis and thus not prejudicial. We affirm the decision of the Court of Appeals except that, in accordance with Barnes v. North Carolina ... More...

$0 (11-06-2009 - NC)

Department of Transportation v. Haywood Oil Company

Defendant Haywood Oil Company appeals from a judgment entered 4 June 2007 after a jury awarded defendant $57,500.00 "as just compensation for the appropriation of a portion of their property for highway purposesâ€ and from an order entered 17 August 2007 which denied defendant's motion for a new trial. For the reasons stated herein, we find no error and affirm the judgment of the trial court.... More...

$0 (03-17-2009 - NC)

James A. Wilfong and maria Herrera v. North Carolina Department of Transportation

Defendant, the North Carolina Department of Transportation (DOT), appeals from an order finding it liable to James Wilfong and Maria Herrera (Plaintiffs) for damages arising from Defendant's inverse condemnation of Plaintiffs' property. We dismiss as interlocutory. This appeal arises from a road improvement project by Defendant that included widening of Cheek Road in Durham County, Nort... More...

$0 (01-09-2009 - NC)

Town of North Topsail Beach v. Janice M. Forster-Pereira, et al.

In May of 2006, Town of North Topsail Beach ("plaintiffâ€) filed fourteen separate condemnation actions against defendants listed above (collectively "defendantsâ€). Pursuant to a joint motion, the matters were placed on inactive status on 9 November 2006. On 22 March 2007, defendants filed a motion to consolidate plaintiff's fourteen separate actions and a calendar request to have a jur... More...

$0 (01-10-2009 - NC)

Department of Transportation v. David C. Blevins

The North Carolina Department of Transportation (DOT) appeals from an order entered 23 February 2006 in Haywood County Superior Court which compelled a revision to the plat depicting the boundaries of the subject property. DOT appeals and Defendant David Blevins cross-appeals from a judgment entered 17 September 2007 in Haywood County Superior Court following a jury award to Blevins in the amount ... More...

$0 (01-06-2009 - NC)

City of Wilson Development Commission v. Lila Ruth Boykin, d/b/a Lila Ruth Proctor, etc., et al.

Plaintiff, the City of Wilson Redevelopment Commission for Wilson, North Carolina, appeals from orders entered in connection with a condemnation action filed against Defendant-Appellees. We affirm. The procedural history of this case is summarized in pertinent part as follows: In 1916 Eliza Boykin was granted a property located at 204 S. Vick Street in Wilson, North Carolina (the subje... More...

$0 (10-07-2008 - NC)

North Carolina Department of Transportation v. Kenco Hospitality

The North Carolina Department of Transportation offered Kenco Hospitality $291,000 for the property rights that it needed to expand Interstate 85 but the defendant claimed that the taking by the State severely adversely impact the Howard Johnson motel property and sought additional compensation for the rights, title and interest taken in the condemnation action. The defendant claimed that the... More...

$2900000 (10-16-2004 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2002/010713-1.htm" target"_new">City of Charlotte v. Whippoorwill Lake, Inc.</a>

Plaintiff, the City of Charlotte, appeals a jury award of $530,635.55 in a condemnation action against defendant, Whippoorwill Lake, Inc. The tract at issue is 11.6 acres, including a lake, and is near Charlotte/Douglas International Airport. The City sets forth two assignments of error: (1) the trial court erred in allowing defendant to file an answer after expiration of a statutory twelve... More...

$530636 (06-04-2002 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2001/000527-1.htm" target="_new">TOWN OF HILLSBOROUGH, Plaintiff, v . HERBERT CRABTREE, ET AL., Defendants.</a>

In 1977, Herbert I. Crabtree and Alene C. Holloway (“defendants”) acquired approximately 150 acres of rural, undeveloped farm land in Orange County (“property”) from their father. In 1991, defendants began work to develop the property into a residential subdivision. Among other things, defendants (1) surveyed the boundary of the property; (2) ordered soil analyses done by t... More...

$0 (06-05-2001 - NC)

Department of Transportation v. Joe C. Rowe et al.

Land Condemnation – The Department of Transportation sought to condemn a track of land owned the by the defendants. The DOT intended to use the land for a connector road. ... More...

$0 (10-20-1998 - NC)