Eminent Domain Blog

NC House Bill 272 proposes to change costs paid by the DOT

House Bill 272, which was referred to the Transportation Committee on April 18th, proposes to change the statute addressing the payment of costs by the Department of Transportation in a condemnation lawsuit.  The fourth version of the bill would amend NC General Statute Sec. 113-136 to require interest on the judgment awarded to the landower to be paid from the date of taking (when the suit is filed) until the date the judgment is paid, rather than until the date of judgment.  In theory, this would encourage the DOT to pay the judgment as soon as possible to avoid interest accruing. Continue reading “NC House Bill 272 proposes to change costs paid by the DOT”

North Carolina Legislature tackles the “Red Route,” other Transportation Projects

In March, North Carolina legislators introduced a bill to remove restrictions placed on considering the so-called I-540 “Red Route” through Garner.  House Bill 10 was subsequently amended, and the third version (referred to the Committee on Rules, Calendar and Operations of the House as of March 12, 2013) would also remove authorization for three major projects from the Turnpike Authority.  Those major projects are (1) the Garden Parkway (also known as the Gaston East West Connector); the Cape Fear Skyway; and the Mid-Currituck Bridge.  The bill does not propose to terminate the projects; however, it does mean those projects will now have to compete with other Department of Transportation projects for scarce funding.

NC DOT takes another look at Monroe Bypass environmental data after the 4th Circuit declines to reconsider case

Fast nature creekOn June 29, 2012 the Fourth Circuit Court of Appeals rejected the Department of Transportation’s petition to reconsider the court’s earlier ruling invalidating the DOT’s environmental study for the Monroe Bypass.  In the earlier opinion, decided May 3, 2012, the Fourth Circuit ruled that the DOT “failed to take the required ‘hard look’ at environmental consequences” of the construction of the Monroe Bypass.  As a result, the DOT’s engineers and consultants are “working hard to gather additional data required to address the concerns of the court, ” according to a July 19, 2012 press release. Continue reading “NC DOT takes another look at Monroe Bypass environmental data after the 4th Circuit declines to reconsider case”

Federal and State Officials Visit I-40 / I-77 Interchange Project as Construction Set to Begin

Federal Highway Administration Administrator Victor Mendez and North Carolina Secretary of Transportation Gene Conti were among the officials who toured the interchange expansion project in Statesville on October 10, 2012.  The project is scheduled to take nine years to complete in three phases.  Construction on the first phase is set to begin in the coming months, and has a finish date of Spring 2017. Continue reading “Federal and State Officials Visit I-40 / I-77 Interchange Project as Construction Set to Begin”