State News

NC Appeals Court says DOT must pay landowners

Posted February 18, 2015

The state Department of Transportation is studying several possible routes for N.C. Highway 540 in southern and southeastern Wake County.

— The North Carolina Court of Appeals says the state transportation department must pay some landowners whose property is in the path of a proposed road in Forsyth County.

A three-judge panel of the court ruled Tuesday that a lower court was wrong to refuse to hear a lawsuit by 11 landowners who said the state's designation of their land in the proposed road's path hurt their property values.

There is no indication when the road might be built.

The 11 landowners say the state's designation of their property in the path of the planned road limits what they can do with the land.

The state Attorney General's Office is consulting with transportation officials on the ruling before deciding whether to appeal to the North Carolina Supreme Court.

Several Wake County landowners in the protected corridor for the future N.C. Highway 540 toll road have filed a similar lawsuit, saying slow movement on the highway has held them hostage for years, not being able to upgrade or sell their properties.

5 Comments

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  • Sammy Macloud Feb 18, 2015
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    AWESOME!!! The state should NOT be able to steal land, which is what it amounts to.

  • Jeff DeWitt Feb 18, 2015
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    View quoted thread


    Keith, the ruling might have been about Forsyth County but there are a LOT of people in the path of Raleigh's outer loop who are in the same situation, and WRAL IS a Raleigh station.

  • Arlington Stringham Feb 18, 2015
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    " but this business of putting someones land on hold so they can't do anything with it (except pay taxes!) is totally unfair."Exactly.

    Government employees need to learn that they can't impinge on private property unless they are paying for it.
    No budget for it? Dont expect the private property owner to bear the burden.

  • Keith Hayes Feb 18, 2015
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    Forsyth County must have really grown over the years to have taken over Garner, Holly Springs and Clayton.

  • Jeff DeWitt Feb 18, 2015
    user avatar

    Good.

    I've no problem with the state exercising emanate domain whey it acquires land to build a highway, but this business of putting someones land on hold so they can't do anything with it (except pay taxes!) is totally unfair.