In Kirby v North Carolina Dep't of Transportation, No. COA14-184 (Feb. 17, 2015), the North Carolina held that state's "Map Act," which gives the DOT the ability to designate property for future highway use and prevent its development in the meantime, was a taking. There was great shouting and gnashing of teeth that making the DOT actually pay just compensation would crash the system and cost the state a lot of money, so we were not terribly surprised when the DOT recently filed this Notice of Appeal and Petition for Review posing three questions:
1. Did the Court of Appeals erroneously hold that the Map Act, N.C.G.S. § 136-44.50 et seq., empowered NCDOT to exercise the power of eminent domain and that NCDOT exercised that power and took Plaintiffs’ property rights when it recorded protected corridor maps?2. Did the Court of Appeals erroneously remand this matter for a determination of damages?
3. Did the Court of Appeals misapprehend takings jurisprudence and erroneously hold that Plaintiffs’ claims are ripe and that a taking occurred in this matter?
Br. at 3.
Stay tuned, there will be more.
