Recently, after a long court battle, the North Carolina Court of Appeals ruled in favor of land owners whose properties were basically frozen in time. The name of the case is Kirby v. North Carolina Department of Transportation.
Under a law called the Transportation Corridor Official Map Act (The Map Act), the Department of Transportation filed maps showing that the properties may be in an area where a highway “loop” might be built around a city at some point in the future. The Map Act allowed the Department of Transportation to file maps with the county Register of Deeds showing property that might become part of a highway. Once the map was filed, the Map Act would freeze development on the land by essentially denying the landowner any sort of building permit. Continue Reading