On Monday November 14, 2017, the eminent domain attorneys at HBNSO argued against the NCDOT in the North Carolina Court of Appeals. The essence of the argument is the NCDOT has filed subsequent, direct eminent domain cases against property owners in Forsyth County who in previous inverse condemnation cases pending in the same court already have an order by the Trial Court that a taking of property occurred (Kirby Inverse Condemnation claims). The NCDOT filed new direct condemnation claims on the very same property that was previously ordered to have been taken by the superior court judge.
Currently there are 9 of these direct condemnation v. indirect condemnation cases on appeal. 3 were argued in Raleigh on Monday before the 3 judge panel. For the Winston-Salem Journal’s article on the hearing, go to: Appeals panel hears arguments on condemnation for beltway .
HBNSO eminent domain attorneys represented the Map Act property owners in the NC Court of Appeals and NC Supreme Court in the Kirby v. NCDOT cases.
If you have an eminent domain lawsuit in NC, contact Hendrick Bryant Nerhood Sanders & Otis at 336-723-7200