We have learned that the North Carolina Supreme Court has granted the State’s request to review Kirby v. North Carolina Dep’t of Transportation, No. COA14-184 (Feb. 17, 2015).
That’s the case in which the Court of Appeals not only held that the property owners’ claims were ripe, but that the Map Act — which gives the DOT the ability to designate property for future highway use and prevent its development in the meantime — effected a taking. The appeals court reversed the trial court’s dismissal and sent the case back down for a calculation of the compensation owed to each property owner.
This is one to watch, for sure. We’ll keep on doing so and let you know as things develop.