A decision in one of the first cases heard by the U.S. Supreme Court this term may help thousands of North Carolina property owners whose land has been tied up by proposed but delayed Department of Transportation road projects — some for more than a decade — recover the damages they say the DOT owes them.
In Arkansas Game and Fish Commission v. U.S., the Court considered whether the commission can recover for damage to its property caused by intentional upstream flooding by the Army Corps of Engineers.
The threshold question before the court was whether that flooding was a “taking” under the U.S. Constitution’s Fifth Amendment, which provides that no private property can be taken for a public purpose without just compensation.
That’s also the issue property owners along the Northern Beltway in Winston-Salem have put before the court there in dozens of complaints filed against the DOT over the past year. Their parcels and some 2000 others lay in the path of the proposed beltway, spanning from U.S.158 north to U.S. 52 in western Forsyth County through to U.S. 311 in eastern Forsyth County. Read More…