Robinson v. North Carolina Department of Transportation

ARNOLD, Judge.

Plaintiffs contend that the trial court erred in dismissing their complaint against the Department of Transportation. We agree.

Inverse condemnation is governed by G.S. 136-111 which states in pertinent part:

Any person whose land or compensable interest therein has been taken by an intentional or unintentional act or omission of the Department of Transportation and no complaint or declaration of taking has been filed by said Department of Transportation may . . . file a complaint in the superior court. . . .

In Ledford v. Highway Comm., 279 N.C. 188, 190-91, 181 S.E. 2d 466, 468…