EMINENT DOMAIN - NORTH CAROLINA

Chappell v. North Carolina Department of Transportation

Supreme Court of North Carolina - May 1, 2020 - S.E.2d - 2020 WL 2108249

Landowners brought inverse condemnation action against North Carolina Department of Transportation (NCDOT) after portions of property were designated as within a roadway corridor pursuant to Roadway Corridor Official Map Act.

After jury trial, the Superior Court entered judgment in favor of landowners and awarded damages.

After grant of NCDOT’s petition for discretionary review prior to determination by Court of Appeals, the Supreme Court held that:

Trial court acted within its discretion in declining to allow North Carolina Department of Transportation (NCDOT) to pursue exercise of statutory quick-take rights, in landowners’ inverse condemnation action against NCDOT after portion of property was designated as within roadway corridor under Roadway Corridor Official Map Act; trial court did not deny NCDOT right to assert permissive counterclaim under any and all circumstances but rather only precluded turning action into direct condemnation action, action had been pending for over three years, and trial was imminent.



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