Northern Beltway Land Owners Denied Class Action Status in Eminent Domain Case
April 11, 2014 – Today the NC Supreme Court decided not to allow a group of Forsyth County property owners to pursue their inverse condemnation claims against the state as a class. The case concerns the decades old “Northern Beltway” road project. Over 2,000 properties are affected by the Northern Beltway, and the Court said that because of the unique nature of real property and the large number of tracts involved, “individual issues would predominate over common issues of law and fact”. The decision is not the end of the road (yes, we had to say that) for the group, but it does mean each property owner will have to file a separate suit in an effort to force the state to purchase the land lying within the planned route of the road. The full decision can be found here: http://appellate.nccourts.org/opinions/?c=1&pdf=31511.
Attorneys at Allman Spry have been involved in significant condemnation cases with the NC Department of Transportation and local municipal authorities. If you have questions or would like more information about condemnation or eminent domain claims, please call Allman Spry at 336-722-2300 or toll free 1-800-520-1632.