The North Carolina Supreme Court handed down a victory for property rights this morning in a case Pacific Legal Foundation tracked closely for several years. The facts of the case are straightforward, as we explained in our amicus brief* supporting the property owners: The North Carolina Department of Transportation (DOT) created “trans ...
The Fifth Amendment requires the government to compensate a property owner when it takes property from a private landowner. To get around the requirement of paying “just compensation,” government entities often get creative. One trick is to depress property values prior to taking the land by excessively regulating land or by announcing ...