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KIRBY v. NORTH CAROLINA DEPT. OF TRANSP

No. 56PA14-2.

786 S.E.2d 919 (2016)

368 N.C. 847

Everette E. KIRBY and wife, Martha Kirby; Harris Triad Homes, Inc.; Michael Hendrix, as Executor of the Estate of Frances Hendrix; Darren Engelkemier; Ian Hutagalung; Sylvia Maendl; Steven David Stept; James W. Nelson And Wife, Phyllis H. Nelson; and Republic Properties, LLC, a North Carolina company (Group 1 Plaintiffs) v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.

Supreme Court of North Carolina.

Filed June 10, 2016.

Attorney(s) appearing for the Case

Hendrick Bryant Nerhood Sanders & Otis, LLP, Winston Salem, by Matthew H. Bryant , T. Paul Hendrick , Timothy Nerhood , Kenneth C. Otis III , and W. Kirk Sanders , for plaintiff-appellees.

Roy Cooper , Attorney General, by John F. Maddrey , Solicitor General, for defendant-appellant.

Jonathan D. Guze , Raleigh, for John Locke Foundation, amicus curiae.

Hansen Law Firm, PLLC, Raleigh, by Jessica O. Wilkie and Joshua D. Hansen ; and Van Winkle Law Firm, Asheville, by Jones P. Byrd , for North Carolina Advocates for Justice, amicus curiae.

Martin & Gifford, PLLC, Winston-Salem, by G. Wilson Martin, Jr. ; and Wait Law, P.L.L.C., Winston-Salem, by John L. Wait , for North Carolina Association of Realtors, Inc., amicus curiae.

Carlene McNulty , Raleigh, for North Carolina Justice Center, amicus curiae.

Elliot Engstrom , Raleigh, for Civitas Institute, Center for Law and Freedom; and Mark

Miller, Sacramento, pro hac vice, for Pacific Legal Foundation, amici curiae.

Shanklin & Nichols, LLP, Wilmington, by Kenneth A. Shanklin and Matthew A. Nichols , for Wilmington Urban Area Metropolitan Planning Organization, amicus curiae.

In this case we consider whether the use of the Map Act by the North Carolina Department of Transportation (NCDOT) resulted in a taking of certain property rights of plaintiffs without just compensation. Upon NCDOT's recording of the highway corridor maps at issue here, the Map Act restricted plaintiffs' fundamental rights to improve...

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