Recently, a reporter with the Weekly Standard paid a visit to New London, Connecticut, site of perhaps the most well-known eminent domain controversy in the country. As you will recall, New London hoped to jump-start economic development in the city and add much-needed jobs. To realize this goal, in 1998 the city partnered with New London […]
On March 10, 2014 the U.S. Supreme Court released their decision in the case of Marvin M. Brandt Revocable Trust, et al. v. United States, holding that when a railroad abandons their right of way under an 1875 law, the property owner holding title to the land within the right of way acquires full rights to the land. For
In 2011 North Carolina lawmakers voted to stop the North Carolina Department of Transportation from studying the controversial so-called “Red Route”, which proposed routing part of I-540 through Garner. That move caused the federal government to pull funding from the project because it meant that no alternatives for the route would be studied – a violation of federal law. In May of
I-540 Loop Closure Back on Track Read More »
A recent North Carolina Court of Appeals decision reinforces the importance of choosing an attorney familiar with proper procedure in eminent domain cases. In City of Wilson v. the Batten Family, et al., a condemnation case out of Wilson County, Defendants moved for a 108 hearing in early 2010. (A 108 hearing is held pursuant to NCGS
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
NC House Bill 272 proposes to change costs paid by the DOT Read More »
On 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
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