City of Charlotte v. BMJ OF CHARLOTTE, LLC

STROUD, Judge.

This appeal addresses a counterclaim for inverse condemnation 1 filed in response to a condemnation action by the City of Charlotte. The gravamen of the counterclaim is that plaintiffs use of a railroad right of way that runs over defendants’ land is in derogation of defendants’ rights as the holder of the underlying fee. Defendants offer two different legal theories as to why they are entitled to compensation for use of the railroad right of way. Defendants’ first theory is that any rights which might have previously existed to use the railroad right of way have reverted to the…