NC Court of Appeal: Denial of Present Use in Anticipation of Future Condemnation Is a Present Taking

A tip of our hat to the North Carolina Court of Appeals (Kirby v. North Carolina DOT, Filed 2/17/15, holding that the state’s imposition of a future highway “corridor” on privately owned land and in the meantime denying the owner reasonable use of it is a present taking of private property.

This is a subject close to our heart because way back, close to a half century ago, your faithful servant persuaded the California Supreme Court to hold likewise in Klopping v. City of Whittier, 8 Cal.3d 39 (1972) — announcing a city intent to condemn specific property, coupled with the city’s unreasonable delay or other unreasonable conduct, entitled the owner to sue for just compensation on an inverse condemnation theory. Also see People ex rel. Dept. Pub. Wks. v. Peninsula Enterprises, 91 Cal.App.3d 332 (1979).

This government business of announcing the intent to take a property, but then not doing it for a lengthy period of time, thus denying the owner any reasonable use and depressing values is nasty stuff, so we are always glad to see a court disapprove of such tactics. Good show, Your Honors.

 

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