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Beltway – Map Act NC Inverse Condemnation Update

In December of 2019, the attorneys of Hendrick Bryant firm and Yarborough Winters & Neville firm argued the Chappell v. NCDOT appeal before the North Carolina Supreme Court. This was an appeal by the NCDOT from a trial victory by the property owner.

In the trial court, the Chappell plaintiffs won 100% of the value they asked the jury for the taking of the property by using the Map Act. The Map Act was ruled to be an inverse condemnation by the N.C. Court of Appeals in 2015. That ruling was affirmed by the N.C. Supreme Court in 2016. These were the Kirby 9 opinions.

At the trial of the Chappell, the property owners proved that the Map Act took 100% of the market value inside the Map Act lines on the property, plus damage the remainder. Then, in subsequent hearings, argued and won compound interest from the dates of taking plus an award of attorney fees. NCDOT appealed that.

In Forsyth County in 2018, the superior court judge made a similar ruling that property inside the Map Act Corridor lines lost 100% of its value and should be appraised as such. That ruling was not appealed.

Call 336-723-7200 if you need an eminent domain attorney.

[tags: Inverse condemnation attorneys, NC eminent domain attorneys] [category: eminent domain]


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