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Category: Eminent Domain

Eminent Domain and the Triad’s 311 Bypass

October 21, 2017
Oxner
Unless you’re being directly affected, it can be easy to forget that one of the biggest things happening in eminent domain law is happening right now in Guilford County. I’m referring to the proposed 311 bypass and the homeowners that are going to be facing a variety of outcomes due to its construction.   Those […]
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Is There Anything I Can Do to Stop the Government From Using Its Eminent Domain Rights?

March 1, 2017
Oxner
The Fifth Amendment to the Constitution protects us against eminent domain, stating that “private property shall not be taken for public use without just compensation.” However, the key here is “just compensation.” The government has the power to take land for public reasons provided that certain requirements are met — such as fair payment. However, […]
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What Qualifies as “Public Use” in North Carolina?

February 2, 2017
Oxner
The U.S. Constitution is generally very careful about what the government can and can’t do. The Founding Fathers outlined a government that would not have the same tyrannical power as a monarchy like the U.K. So when the government is given power by the Constitution, it’s usually for something that would benefit the greater good. […]
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Litigation Concerning the Map Act Continues

December 8, 2016
Oxner
A recent hot topic of the eminent domain world has been the “Map Act,” and as such it has been the topic of our last few eminent domain posts. A quick refresher: the Map Act was a law in North Carolina that allowed city governments to stake claim on land that they were planning on […]
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North Carolina’s Ruling on The Map Act

November 20, 2016
Oxner
Unless you were directly affected by it, you may not have heard of the “Map Act,” but it’s at the center of the biggest eminent domain law case in the world right now. The Map Act was originally passed in the late 80s to allow cities to put development restrictions on land that they were […]
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