{ "id": 12214963, "name": "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", "name_abbreviation": "Kirby v. North Carolina Department of Transportation", "decision_date": "2016-06-10", "docket_number": "No. 56PA14-2", "first_page": "847", "last_page": "856", "citations": [ { "type": "official", "cite": "368 N.C. 847" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "769 S.E.2d 218", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2015, "opinion_index": -1 }, { "cite": "17 S.E.2d 10", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1941, "pin_cites": [ { "page": "13-14", "parenthetical": "discussing principles involved in fair market valuation" } ], "opinion_index": 0 }, { "cite": "220 N.C. 200", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11300911 ], "year": 1941, "pin_cites": [ { "page": "205-06", "parenthetical": "discussing principles involved in fair market valuation" } ], "opinion_index": 0, "case_paths": [ "/nc/220/0200-01" ] }, { "cite": "52 S.E. 954", "category": "reporters:state_regional", "reporter": "S.E.", "year": 1905, "pin_cites": [ { "page": "958-59", "parenthetical": "\"The market value of property includes its value for any use to which it may be put.\" (citation omitted)" } ], "opinion_index": 0 }, { "cite": "140 N.C. 333", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8651979 ], "year": 1905, "pin_cites": [ { "page": "345", "parenthetical": "\"The market value of property includes its value for any use to which it may be put.\" (citation omitted)" } ], "opinion_index": 0, "case_paths": [ "/nc/140/0333-01" ] }, { "cite": "773 S.E.2d 301", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2015, "pin_cites": [ { "page": "309", "parenthetical": "stating that \"development rights\" are \"an important feature of the condemned land and not a separate, compensable property right\"" } ], "opinion_index": 0 }, { "cite": "368 N.C. 55", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 12187442 ], "year": 2015, "pin_cites": [ { "page": "66", "parenthetical": "stating that \"development rights\" are \"an important feature of the condemned land and not a separate, compensable property right\"" } ], "opinion_index": 0, "case_paths": [ "/nc/368/0055-01" ] }, { "cite": "189 S.E.2d 152", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1972, "pin_cites": [ { "page": "157", "parenthetical": "\"His property may not be taken . . . without compensation, under the guise of a regulation of his business pursuant to the police power.\"" } ], "opinion_index": 0 }, { "cite": "281 N.C. 517", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8575541 ], "year": 1972, "pin_cites": [ { "page": "523", "parenthetical": "\"His property may not be taken . . . without compensation, under the guise of a regulation of his business pursuant to the police power.\"" } ], "opinion_index": 0, "case_paths": [ "/nc/281/0517-01" ] }, { "cite": "154 S.E. 29", "category": "reporters:state_regional", "reporter": "S.E.", "weight": 2, "year": 1930, "pin_cites": [ { "page": "30-31", "parenthetical": "providing examples of police power regulations for protection against nuisances" }, { "page": "30-31" } ], "opinion_index": 0 }, { "cite": "199 N.C. 83", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8595170 ], "weight": 2, "year": 1930, "pin_cites": [ { "page": "85-86", "parenthetical": "providing examples of police power regulations for protection against nuisances" }, { "page": "85-86" } ], "opinion_index": 0, "case_paths": [ "/nc/199/0083-01" ] }, { "cite": "265 S.E.2d 379", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1980, "pin_cites": [ { "page": "385", "parenthetical": "\"The best indicia of [legislative] intent are the language of the statute or ordinance, the spirit of the act and what the act seeks to accomplish.\" (citations omitted)" } ], "opinion_index": 0 }, { "cite": "299 N.C. 620", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8575681 ], "year": 1980, "pin_cites": [ { "page": "629", "parenthetical": "\"The best indicia of [legislative] intent are the language of the statute or ordinance, the spirit of the act and what the act seeks to accomplish.\" (citations omitted)" } ], "opinion_index": 0, "case_paths": [ "/nc/299/0620-01" ] }, { "cite": "332 P.2d 943", "category": "reporters:state_regional", "reporter": "P.2d", "year": 1958, "pin_cites": [ { "page": "946" } ], "opinion_index": 0 }, { "cite": "53 Wash. 2d 216", "category": "reporters:state", "reporter": "Wash. 2d", "case_ids": [ 1011261 ], "year": 1958, "pin_cites": [ { "page": "220" } ], "opinion_index": 0, "case_paths": [ "/wash-2d/53/0216-01" ] }, { "cite": "112 S.E.2d 111", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1960, "pin_cites": [ { "page": "113", "parenthetical": "citations omitted" } ], "opinion_index": 0 }, { "cite": "251 N.C. 531", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8626436 ], "year": 1960, "pin_cites": [ { "page": "533", "parenthetical": "citations omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/251/0531-01" ] }, { "cite": "302 S.E.2d 204", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1983, "pin_cites": [ { "page": "208-09" } ], "opinion_index": 0 }, { "cite": "308 N.C. 255", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4710415 ], "year": 1983, "pin_cites": [ { "page": "261-62" } ], "opinion_index": 0, "case_paths": [ "/nc/308/0255-01" ] }, { "cite": "123 U.S. 623", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 3523081 ], "weight": 3, "year": 1887, "pin_cites": [ { "page": "666" }, { "page": "299" }, { "page": "212" } ], "opinion_index": 0, "case_paths": [ "/us/123/0623-01" ] }, { "cite": "54 S.E. 453", "category": "reporters:state_regional", "reporter": "S.E.", "weight": 3, "year": 1906, "pin_cites": [ { "page": "461", "parenthetical": "\"[T]he right of property . . . [is] enjoyed subject to reasonable regulations .. ..\" \"The safety of the people is the supreme law....\"" }, { "page": "462" }, { "page": "462" } ], "opinion_index": 0 }, { "cite": "141 N.C. 615", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11253797 ], "weight": 3, "year": 1906, "pin_cites": [ { "page": "637", "parenthetical": "\"[T]he right of property . . . [is] enjoyed subject to reasonable regulations .. ..\" \"The safety of the people is the supreme law....\"" }, { "page": "642" }, { "page": "641-42" } ], "opinion_index": 0, "case_paths": [ "/nc/141/0615-01" ] }, { "cite": "126 S.E.2d 732", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1962, "pin_cites": [ { "page": "737-38", "parenthetical": "quoting 11 Eugene McQuillin, The Law of Municipal Corporations \u00a7 32.27, at 319 (Ray Smith ed., Callaghan & Co. 3d ed. 1950)" }, { "page": "738" } ], "opinion_index": 0 }, { "cite": "257 N.C. 507", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8568936 ], "weight": 2, "year": 1962, "pin_cites": [ { "page": "514", "parenthetical": "quoting 11 Eugene McQuillin, The Law of Municipal Corporations \u00a7 32.27, at 319 (Ray Smith ed., Callaghan & Co. 3d ed. 1950)" }, { "page": "514" } ], "opinion_index": 0, "case_paths": [ "/nc/257/0507-01" ] }, { "cite": "1981 N.C. Sess. Laws 1382", "category": "laws:leg_session", "reporter": "N.C. Sess. Laws", "opinion_index": 0 }, { "cite": "293 S.E.2d 101", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 4, "year": 1982, "pin_cites": [ { "page": "107-08", "parenthetical": "footnotes and citations omitted" }, { "page": "109", "parenthetical": "citations omitted" }, { "page": "110-11", "parenthetical": "citations omitted" }, { "page": "109" } ], "opinion_index": 0 }, { "cite": "306 N.C. 187", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8567947 ], "weight": 4, "year": 1982, "pin_cites": [ { "page": "195-96", "parenthetical": "footnotes and citations omitted" }, { "page": "198-99" }, { "page": "201" }, { "page": "199" } ], "opinion_index": 0, "case_paths": [ "/nc/306/0187-01" ] }, { "cite": "14 S.E.2d 252", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1941, "pin_cites": [ { "page": "256" } ], "opinion_index": 0 }, { "cite": "219 N.C. 402", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8624342 ], "year": 1941, "pin_cites": [ { "page": "408" } ], "opinion_index": 0, "case_paths": [ "/nc/219/0402-01" ] }, { "cite": "274 S.E.2d 174", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1981, "pin_cites": [ { "page": "179", "parenthetical": "citations omitted" } ], "opinion_index": 0 }, { "cite": "302 N.C. 64", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8563796 ], "year": 1981, "pin_cites": [ { "page": "71", "parenthetical": "citations omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/302/0064-01" ] }, { "cite": "1 N.C. (Mart.) 5", "category": "reporters:state", "reporter": "Mart.", "case_ids": [ 12134632 ], "year": 1787, "pin_cites": [ { "page": "9" } ], "opinion_index": 0, "case_paths": [ "/nc/1/0005-01" ] }, { "cite": "187 S.E.2d 35", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1972, "pin_cites": [ { "page": "43" } ], "opinion_index": 0 }, { "cite": "280 N.C. 531", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8572863 ], "year": 1972, "pin_cites": [ { "page": "546" } ], "opinion_index": 0, "case_paths": [ "/nc/280/0531-01" ] }, { "cite": "669 S.E.2d 279", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2008, "pin_cites": [ { "page": "283" } ], "opinion_index": 0 }, { "cite": "362 N.C. 640", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4150246 ], "year": 2008, "pin_cites": [ { "page": "644" } ], "opinion_index": 0, "case_paths": [ "/nc/362/0640-01" ] }, { "cite": "139 S.E.2d 227", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1964, "pin_cites": [ { "page": "230-31" } ], "opinion_index": 0 }, { "cite": "263 N.C. 130", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8568168, 8568108 ], "year": 1964, "pin_cites": [ { "page": "135-36" } ], "opinion_index": 0, "case_paths": [ "/nc/263/0130-02", "/nc/263/0130-01" ] }, { "cite": "725 S.E.2d 651", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 2012, "pin_cites": [ { "page": "661-63" } ], "opinion_index": 0 }, { "cite": "220 N.C. App. 419", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 4355909 ], "weight": 2, "year": 2012, "pin_cites": [ { "page": "436-39" } ], "opinion_index": 0, "case_paths": [ "/nc-app/220/0419-01" ] }, { "cite": "757 S.E.2d 466", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 11, "year": 2014, "pin_cites": [ { "page": "477" }, { "page": "478", "parenthetical": "Newby, J., dissenting in part and concurring in part" }, { "page": "478" }, { "page": "474", "parenthetical": "majority opinion" }, { "page": "479", "parenthetical": "Newby, J., dissenting in part and concurring in part" }, { "page": "479" }, { "page": "474-75", "parenthetical": "majority opinion" }, { "page": "474-75" } ], "opinion_index": 0 }, { "cite": "367 N.C. 333", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4319356 ], "weight": 8, "year": 2014, "pin_cites": [ { "page": "347" }, { "page": "349" }, { "page": "349" }, { "page": "343" }, { "page": "351" }, { "page": "351" }, { "page": "343-44" }, { "page": "343-44" } ], "opinion_index": 0, "case_paths": [ "/nc/367/0333-01" ] }, { "cite": "1987 N.C. Sess. Laws 1520", "category": "laws:leg_session", "reporter": "N.C. Sess. Laws", "weight": 13, "opinion_index": 0 }, { "cite": "769 S.E.2d 218", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 15, "year": 2015, "pin_cites": [ { "page": "236" }, { "page": "232" }, { "page": "232" }, { "page": "235" }, { "page": "234" }, { "page": "234" }, { "page": "235" }, { "page": "236" }, { "page": "236" }, { "page": "236" } ], "opinion_index": 0 } ], "analysis": { "cardinality": 1255, "char_count": 24991, "ocr_confidence": 0.721, "pagerank": { "raw": 9.508672822264085e-08, "percentile": 0.5240270764820651 }, "sha256": "c234b85244bde03794a1aa0c97620d101ab135f696c9311a8bf3df70d30689f1", "simhash": "1:0329f43a66ad15d0", "word_count": 3981 }, "last_updated": "2023-07-14T20:54:29.404016+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "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" ], "opinions": [ { "text": "NEWBY, Justice.\nIn 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\u2019s recording of the highway corridor maps at issue here, the Map Act restricted plaintiffs\u2019 fundamental rights to improve, develop, and subdivide their property for an unlimited period of time. These restraints, coupled with their indefinite nature, constitute a taking of plaintiffs\u2019 elemental property rights by eminent domain. The extent to which plaintiffs maybe entitled to just compensation, however, depends upon market valuation of the property before and after the taking. Such determinations must be made on an individual, property-by-property basis. We therefore affirm the decision of the Court of Appeals.\nIn 1987 the General Assembly adopted the Roadway Corridor Official Map Act (Map Act). Act of Aug. 7, 1987, ch. 747, sec. 19, 1987 N.C. Sess. Laws 1520, 1538-43 (codified as amended at N.C.G.S. \u00a7\u00a7 136-44.50 to -44.54 (2015)); see also N.C.G.S. \u00a7\u00a7 105-277.9 to -277.9A, 160A-458.4 (2015). Under the Map Act, once NCDOT flies a highway corridor map with the county register of deeds, the Act imposes certain restrictions upon property located within the corridor for an indefinite period of time. N.C.G.S. \u00a7 136-44.51. After a corridor map is filed, \u201cno building permit shall be issued for any building or structure or part thereof located within the transportation corridor, nor shall approval of a subdivision, as defined in G.S. 153A-335 and G.S. 160A-376, be granted with respect to property within the transportation corridor.\u201d Id. \u00a7 136-44.51(a); see also id. \u00a7 153A-335(a) (2015) (\u201c \u2018[Subdivision\u2019 means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions are created for the purpose of sale or building development (whether immediate or future) and includes all division of land involving the dedication of a new street or a change in existing streets . . . .\u201d); id. \u00a7 160A-376(a) (2015) (same). Recognizing the impact of these restrictions, the General Assembly also designated the property as a \u201cspecial class\u201d for ad valorem tax purposes, assessed at reduced rates of \u201ctwenty percent (20%) of the appraised value\u201d for unimproved property, id. \u00a7 105-277.9, and \u201cfifty percent (50%) of the appraised value\u201d for improved property, id. \u00a7 105-277.9A. Despite the restrictions on improvement, development, and subdivision of the affected property, or the tax benefits provided, NCDOT is not obligated to build or complete the highway project.\nOwners whose properties are located within the highway corridor may seek administrative relief from these restrictions by applying for a building permit or subdivision plat approval, id. \u00a7 136-44.51(a)-(c), a variance, id. \u00a7 136-44.52, or an \u201cadvanced acquisition\u201d of the property \u201cdue to an imposed hardship,\u201d id. \u00a7 136-44.53. In the first instance, if after three years a property owner\u2019s application for a building permit or subdivision plat has not been approved, the \u201centity that adopted the transportation corridor official map\u201d must either approve the application or initiate acquisition proceedings, or else the applicant \u201cmay treat the real property as unencumbered.\u201d Id. \u00a7 136-44.51(b). In the second instance, \u201c[a] variance may be granted upon a showing that: (1) Even with the tax benefits authorized by this Article, no reasonable return may be earned from the land; and (2) The requirements of G.S. 136-44.51 result in practical difficulties or unnecessary hardships.\u201d Id. \u00a7 136-44.52(d). In the third instance, an \u201cadvanced acquisition\u201d may be made upon establishing \u201can undue hardship on the affected property owner.\u201d Id. \u00a7 136-44.53(a). Property approved under the hardship category must be acquired within three years or \u201cthe restrictions of the map shall be removed from the property.\u201d Id. In all instances, however, the restrictions imposed upon the property remain indefinitely, absent affirmative action by the owner and either approval from the State or a certain lapse of time.\nPlaintiffs are landowners whose properties are located within either the Western or Eastern Loops of the Northern Beltway, a highway project planned around Winston-Salem. Plaintiffs allege that the project \u201chas been planned since 1965, and shown on planning maps since at least 1987 with the route determined by the early 1990s.\u201d\nOn 6 October 1997, in accordance with the Map Act, NCDOT recorded a highway transportation corridor map with the Forsyth County Register of Deeds that plotted the Western Loop of the Northern Beltway. Plaintiffs whose properties are located within the Western Loop had all acquired their properties before NCDOT recorded the pertinent corridor map. On 26 November 2008, NCDOT recorded a second map that plotted the Eastern Loop. Plaintiffs whose properties are located within the Eastern Loop had also purchased their properties before NCDOT recorded that corridor map, some as recently as 2006. The parties do not dispute that the Map Act imposed restrictions on property development and division as soon as NCDOT recorded the corridor maps.\nThe NCDOT has voluntarily purchased at least 454 properties within the beltway through condemnation proceedings, and since July 2010, has continued to purchase property located in the Western and Eastern Loops. In June 2013, NCDOT announced a public hearing regarding modification of the Western Loop boundaries, noting that \u201c[a] \u2018Protected Corridor\u2019 has been identified that includes the areas of the beltway that the Department expects to purchase to build the proposed road.\u201d At the hearing an NCDOT official advised that \u201cno funding for the proposed Western Section of the Northern Beltway had been included in the current\u201d budget through 2020 and that there was \u201cno schedule\u201d establishing when construction would start.\nFrom October 2011 to April 2012, following denial of their motion for class certification, Beroth Oil Co. v. NCDOT (Beroth II), 367 N.C. 333, 347, 757 S.E.2d 466, 477 (2014), aff\u2019g in part and vacating in part Beroth Oil Co. v. NCDOT (Beroth I), 220 N.C. App. 419, 725 S.E.2d 651 (2012), plaintiffs filed separate complaints against NCDOT, asserting various, similar constitutional claims related to takings without just compensation, including inverse condemnation. On 31 July 2012, the Chief Justice certified plaintiffs\u2019 cases as \u201cexceptional\u201d under Rule 2.1 of the General Rules of Practice for the Superior and District Courts, and the trial court subsequently consolidated plaintiffs into the same group for case management purposes.\nThe NCDOT timely answered, asserted various affirmative defenses, including, inter alia, lack of standing, and moved to dismiss plaintiffs\u2019 claims under Rules 12(b)(1), 12(b)(2), and 12(b)(6) of the North Carolina Rules of Civil Procedure. On 8 January 2013, the trial court entered an order denying NCDOT\u2019s motion to dismiss the claim for inverse condemnation.\nAll parties moved for summary judgment. The trial court first determined that plaintiffs failed to establish a taking, reasoning that \u201ca regulatory taking\u201d by police power only occurs when the legislation \u201cdeprive[s] the property of all practical use, or of all reasonable value\u201d (citing and quoting Beroth I, 220 N.C. App. at 436-39, 725 S.E.2d at 661-63), and that the \u201cmere recording of project maps do[es] not constitute a taking\u201d (citing, inter alia, Browning v. N.C. State Highway Comm\u2019n, 263 N.C. 130, 135-36, 139 S.E.2d 227, 230-31 (1964)). Therefore, the trial court concluded the inverse condemnation claim was \u201cnot yet ripe\u201d and granted summary judgment for NCDOT, dismissing the claim without prejudice. Plaintiffs appealed the dismissal and summary judgment orders to the Court of Appeals, and NCDOT cross-appealed the same, arguing for dismissal \u201cwith prejudice.\u201d\nThe Court of Appeals reversed the dismissal of plaintiffs\u2019 inverse condemnation claim. Kirby v. NCDOT, _N.C. App. _, _, 769 S.E.2d 218, 236 (2015). The Court of Appeals concluded that, unlike regulations under the police power, which the State deploys to protect the public from injury, \u201cthe Map Act is a cost-controlling mechanism,\u201d id. at_, 769 S.E.2d at 232, that employs the power of eminent domain, allowing NCDOT \u201cto foreshadow which properties will eventually be taken for roadway projects and in turn, decrease the future price the State must pay to obtain those affected parcels,\u201d id. at_, 769 S.E.2d at 232 (quoting Beroth II, 367 N.C. at 349, 757 S.E.2d at 478 (Newby, J., dissenting in part and concurring in part)). The Court of Appeals determined that the Map Act imposed restrictions on \u201cPlaintiffs\u2019 ability to freely improve, develop, and dispose of their own property,\u201d id. at_, 769 S.E.2d at 235, that \u201cnever expire,\u201d id. at_, 769 S.E.2d at 234 (quoting Beroth II, 367 N.C. at 349, 757 S.E.2d at 478), and that, as a result, the Map Act effectuated a taking of their \u201celemental [property] rights,\u201d id. at_, 769 S.E.2d at 234. Therefore, the Court of Appeals concluded that plaintiffs\u2019 inverse condemnation claim was ripe and remanded the matter for a \u201cdiscrete fact-specific inquiry,\u201d id. at_, 769 S.E.2d at 235 (quoting and discussing Beroth II, 367 N.C. at 343, 757 S.E.2d at 474 (majority opinion)), to determine \u201cthe amount of compensation due,\u201d id. at_, 769 S.E.2d at 236.\nWe allowed NCDOT\u2019s petition for discretionary review. We review orders granting summary judgment and dismissal de novo and \u201cview the allegations as true and the supporting record in the light most favorable to the non-moving party.\u201d E.g., Mangum v. Raleigh Bd. of Adjust., 362 N.C. 640, 644, 669 S.E.2d 279, 283 (2008).\nThe NCDOT contends that the Map Act is a valid, regulatory exercise of the police power, not the power of eminent domain, and that therefore no taking has occurred. The NCDOT asserts that \u201ccost-cutting\u201d is not the only underlying purpose of the Map Act and, quoting Blades v. City of Raleigh, 280 N.C. 531, 546, 187 S.E.2d 35, 43 (1972), argues that the Act promotes the general welfare of the public \u201cby conserving the values of other properties and encouraging the[ir] most appropriate use.\u201d The NCDOT points to \u201cfacilitating orderly and predictable development\u201d with \u201cthe least impact on the natural and human environments, and minimizing the number of businesses, homeowners and renters who will have to be relocated when a [highway] project is authorized for right-of-way acquisition and road construction\u201d in support of its contentions. While these policies are laudable, we do not agree that the Map Act is a valid, regulatory exercise of the police power. We concur with the analysis of the Court of Appeals.\nThe fundamental right to property is as old as our state. See N.C. Const. of 1776, Declaration of Rights \u00a7 XII; Bayard v. Singleton, 1 N.C. (Mart.) 5, 9 (1787); see also 1 William Blackstone, Commentaries *138 (\u201cThe third absolute right, inherent in every [man], is that of property: which consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land.\u201d). Public policy has long favored the \u201cfree and unrestricted use and enjoyment of land.\u201d J.T. Hobby & Son, Inc. v. Family Homes of Wake Cty., Inc., 302 N.C. 64, 71, 274 S.E.2d 174, 179 (1981) (citations omitted); see N.C.G.S. \u00a7 47B-1(1) (2015) (\u201cLand... should be made freely alienable and marketable so far as is practicable.\u201d). \u201cProperty\u201d encompasses \u201cevery aspect of right and interest capable of being enjoyed as such upon which it is practicable to place a money value\u201d and includes \u201cnot only the thing possessed but... the right of the owner to the land; the right to possess, use, enjoy and dispose of it, and the corresponding right to exclude others from its use.\u201d Hildebrand v. So. Bell Tel. & Tel. Co., 219 N.C. 402, 408, 14 S.E.2d 252, 256 (1941).\nFrom the very beginnings of our republic we have jealously guarded against the governmental taking of property. See John Locke, Two Treatises of Government 295 (London, Whitmore & Fenn et al. 1821) (1689) (\u201cThe great and chief end, therefore, of men\u2019s uniting into commonwealths, and putting themselves under government, is the preservation of their property.\u201d); James Madison, Property (1792), reprinted in 6 The Writings of James Madison 101, 102 (Gaillard Hunt ed., 1906) (\u201cGovernment is instituted to protect property of eveiy sort; as well as that which lies in the various rights of individuals, as that which the term particularly expresses.\u201d). Though our state constitution does not contain \u201can express constitutional provision against the \u2018taking\u2019 or \u2018damaging\u2019 of private property for public use\u201d without payment of just compensation, we have long recognized the existence of a constitutional protection against an uncompensated taking and \u201cthe fundamental right to just compensation as so grounded in natural law and justice\u201d that it is considered \u201can integral part of \u2018the law of the land\u2019 within the meaning of Article 1, Section 19 of our [North Carolina] Constitution.\u201d Long v. City of Charlotte, 306 N.C. 187, 195-96, 293 S.E.2d 101, 107-08 (1982) (footnotes and citations omitted), superseded on other grounds by statute, Act of July 10, 1981, ch. 919, sec. 28, 1981 N.C. Sess. Laws 1382, 1402; see also John V. Orth & Paul Martin Newby, The North Carolina State Constitution 67-72 (2d ed. 2013) (discussing the development and interpretation of the Law of the Land Clause). \u201cProperty\u201d clearly includes the rights to improve, develop, and subdivide, which were severely and indefinitely restricted here by the Map Act. Our recognition of the impact of the Map Act\u2019s restrictions on property rights, however, does not end the inquiry.\nDetermining if governmental action constitutes a taking depends upon \u201cwhether a particular act is an exercise of the police power or of the power of eminent domain.\u201d Barnes v. N.C. State Highway Comm\u2019n, 257 N.C. 507, 514, 126 S.E.2d 732, 737-38 (1962) (quoting 11 Eugene McQuillin, The Law of Municipal Corporations \u00a7 32.27, at 319 (Ray Smith ed., Callaghan & Co. 3d ed. 1950)). Under the police power, the government regulates property to prevent injury to the public. Beroth II, 367 N.C. at 351, 757 S.E.2d at 479 (Newby, J., dissenting in part and concurring in part); City of Durham v. Eno Cotton Mills, 141 N.C. 615, 637, 54 S.E. 453, 461 (1906) (\u201c[T]he right of property . . . [is] enjoyed subject to reasonable regulations .. ..\u201d \u201cThe safety of the people is the supreme law....\u201d). Police power regulations must be \u201cenacted in good faith, and ha[ve] appropriate and direct connection with that protection to life, health, and property which each State owes to her citizens.\u201d Eno Cotton Mills, 141 N.C. at 642, 54 S.E. at 462 (quoting Mugler v. Kansas, 123 U.S. 623, 666, 8 S. Ct. 273, 299, 31 L. Ed. 205, 212 (1887)). An exercise of police power outside these bounds may result in a taking. See Responsible Citizens v. City of Asheville, 308 N.C. 255, 261-62, 302 S.E.2d 204, 208-09 (1983).\nUnder the power of eminent domain, the government takes property for public use because such action is advantageous or beneficial to the public. Beroth II, 367 N.C. at 351, 757 S.E.2d at 479. \u201c[T]he sovereign determines the nature and extent of the property required... [and] may take for a limited period of time or in perpetuity... an easement, a mere limited use,... [or] an absolute, unqualified fee \u2014\u201d Town of Morganton v. Hutton & Bourbonnais Co., 251 N.C. 531, 533, 112 S.E.2d 111, 113 (1960) (citations omitted). As such, \u201c[t]he state must compensate for property rights taken by eminent domain; [however,] damages resulting from the [proper] exercise of [the] police power are noncompensable.\u201d Barnes, 257 N.C. at 514, 126 S.E.2d at 738 (quoting State v. Fox, 53 Wash. 2d 216, 220, 332 P.2d 943, 946 (1958)).\nThe language.of the Map Act plainly points to future condemnation of land in the development of corridor highway projects, thus requiring NCDOT to invoke eminent domain. See Coastal Ready-Mix Concrete Co. v. Bd. of Comm\u2019rs, 299 N.C. 620, 629, 265 S.E.2d 379, 385 (1980) (\u201cThe best indicia of [legislative] intent are the language of the statute or ordinance, the spirit of the act and what the act seeks to accomplish.\u201d (citations omitted)). Section 136-44.50 contemplates the filing of \u201ca transportation corridor official map\u201d that has been adopted or amended by a governing board overseeing a \u201clong-range transportation plan,\u201d and \u201cestablishment of\u2019 an \u201cofficial map or amendment\u201d triggers the beginning of \u201cenvironmental impact studies\u201d and \u201cpreliminary engineering work.\u201d Sections 136-44.51 to 44.53 provide not only for approval of a building permit or variance but establish procedures for \u201cadvanced acquisition of\u2019 the property.\nThe Map Act\u2019s indefinite restraint on fundamental property rights is squarely outside the scope of the police power. See Eno Cotton Mills, 141 N.C. at 641-42, 54 S.E. at 462. No environmental, development, or relocation concerns arise absent the highway project and the accompanying condemnation itself. See, e.g., Town of Wake Forest v. Medlin, 199 N.C. 83, 85-86, 154 S.E. 29, 30-31 (1930) (providing examples of police power regulations for protection against nuisances). Justifying the exercise of governmental power in this way would allow the State to hinder property rights indefinitely for a project that may never be built. See State v. Vestal, 281 N.C. 517, 523, 189 S.E.2d 152, 157 (1972) (\u201cHis property may not be taken . . . without compensation, under the guise of a regulation of his business pursuant to the police power.\u201d). Though the reduction in acquisition costs for highway development properties is a laudable public policy, economic savings are a far cry from the protections from injury contemplated under the police power. See, e.g., Medlin, 199 N.C. at 85-86, 154 S.E. at 30-31. The societal benefits envisioned by the Map Act are not designed primarily to prevent injury or protect the health, safety, and welfare of the public. Furthermore, the provisions of the Map Act that allow landowners relief from the statutory scheme are inadequate to safeguard their constitutionally protected property rights.\nA taking effectuated by eminent domain does not require \u201can actual occupation of the land,\u201d but \u201cneed only be a substantial interference \u25a0with elemental rights growing out of the ownership of the property.\u201d Long, 306 N.C. at 198-99, 293 S.E.2d at 109 (citations omitted). These elemental rights are generally considered \u201can important feature of\u2019 the land and, as such, are accounted for within the valuation of the land. See Town of Midland v. Wayne, 368 N.C. 55, 66, 773 S.E.2d 301, 309 (2015) (stating that \u201cdevelopment rights\u201d are \u201can important feature of the condemned land and not a separate, compensable property right\u201d); Brown v. W.T. Weaver Power Co., 140 N.C. 333, 345, 52 S.E. 954, 958-59 (1905) (\u201cThe market value of property includes its value for any use to which it may be put.\u201d (citation omitted)); see also Beroth II, 367 N.C. at 343-44, 757 S.E.2d at 474-75 (majority opinion) (discussing various valuation methods).\nThrough inverse condemnation the owner may \u201crecover to the extent of the diminution in his property\u2019s value\u201d as measured by \u201cthe difference in the fair market value of the property immediately before and immediately after the taking.\u201d Long, 306 N.C. at 201, 293 S.E.2d at 110-11 (citations omitted); see N.C.G.S. \u00a7 136-112(1) (2015). \u201cObviously, not every act or happening injurious to the landowner, his property, or his use thereof is compensable.\u201d Long, 306 N.C. at 199, 293 S.E.2d at 109. Thus, to pursue a successful inverse condemnation claim, a plaintiff must demonstrate not only a substantial interference with certain property rights but also that the interference caused a decrease in the fair market value of his land as a whole.\nBy recording the corridor maps at issue here, which restricted plaintiffs\u2019 rights to improve, develop, and subdivide their property for an indefinite period of time, NCDOT effectuated a taking of fundamental property rights. On remand, the trier of fact must determine the value of the loss of these fundamental rights by calculating the value of the land before the corridor map was recorded and the value of the land afterward, taking into account all pertinent factors, including the restriction on each plaintiff\u2019s fundamental rights, as well as any effect of the reduced ad valorem taxes. See, e.g., Nantahala Power & Light Co. v. Moss, 220 N.C. 200, 205-06, 17 S.E.2d 10, 13-14 (1941) (discussing principles involved in fair market valuation); see also Beroth II, 367 N.C. at 343-44, 757 S.E.2d at 474-75. Accordingly, the trial court improperly dismissed plaintiffs\u2019 inverse condemnation claim. Therefore, we affirm the decision of the Court of Appeals, which reversed the trial court\u2019s ruling to the contrary and remanded this case for further proceedings as described above.\nAFFIRMED.\n. For clarity we will refer to plaintiffs\u2019 similar collective \u201cclaims\u201d in the singular\u2014 for example, plaintiffs\u2019 inverse condemnation claim. Other plaintiffs were consolidated into other groups; however, those claims are not before this Court on appeal here.\n. Plaintiffs alleged the taking occurred solely on the dates \u201cthe maps were published\u201d and not \u201con any other dates.\u201d The trial court noted that \u201cin the future, the police powers granted by the Map Act could deprive the landowners of all practical use or all reasonable value of their land,\u201d but that plaintiffs had failed to establish a sufficient level of deprivation for a taking at that time. Not at issue here, the trial court also dismissed plaintiffs\u2019 remaining takings claims with prejudice and dismissed plaintiffs\u2019 claim for declaratory judgment without prejudice.\n. The Court of Appeals declined to reach plaintiffs\u2019 other claims because its \u201cdisposition allow[ed] the trial court, upon consideration of evidence to be presented by Plaintiffs, to award Plaintiffs the relief they sought in their respective complaints.\u201d Kirby, _N.C. App. at_, 769 S.E.2d at 236. The court \u201cfurther decline[d] to address any remaining assertions for which Plaintiffs and NCDOT \u2014 as appellants and cross-appellants, respectively \u2014 have failed to present argument supported by persuasive or binding legal authority.\u201d Id. at_, 769 S.E.2d at 236.", "type": "majority", "author": "NEWBY, Justice." } ], "attorneys": [ "Hendrick Bryant Nerhood Sanders & Otis, LLP, 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. Guzefor John Locke Foundation, amicus curiae.", "Hansen Law Firm, PLLC, by Jessica O. Wilkie and Joshua D. Hansen; and Van Winkle Law Firm, by Jones P. Byrd, for North Carolina Advocates for Justice, amicus curiae.", "Martin & Gifford, PLLC, by G. Wilson Martin, Jr.; and Wait Law, P.L.L.C., by JohnL. Wait, for North Carolina Association of Realtors, Inc., amicus curiae.", "Carlene McNulty for North Carolina Justice Center, amicus curiae.", "Elliot Engstrom for Civitas Institute, Center for Law and Freedom; and Mark Miller, pro hac vice, for Pacific Legal Foundation, amici curiae.", "Shanklin & Nichols, LLP, by Kenneth A. Shanklin and Matthew A. Nichols, for Wilmington Urban Area Metropolitan Planning Organization, amicus curiae." ], "corrections": "", "head_matter": "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\nNo. 56PA14-2\nFiled 10 June 2016\nEminent Domain \u2014 inverse condemnation \u2014 Map Act \u2014 recordation of highway corridor map \u2014 taking without just compensation\nThe Court of Appeals did not err by reversing the dismissal of plaintiffs\u2019 inverse condemnation claim. The use of the Map Act by defendant Department of Transportation to record the pertinent highway corridor map resulted in a taking of plaintiffs\u2019 property rights without just compensation. On remand, the trier of fact must determine the value of the loss of these fundamental rights by calculating the value of the land before and after the corridor map was recorded, taking into account all pertinent factors including the restriction on each plaintiff\u2019s fundamental rights as well as any effect of the reduced ad valorem taxes.\nOn discretionary review pursuant to N.C.G.S. \u00a7 7A-31 of a unanimous decision of the Court of Appeals,_N.C. App._, 769 S.E.2d 218 (2015), reversing orders entered on 8 January 2013 and 20 June 2013 by Judge John O. Craig, III in Superior Court, Forsyth County, and remanding for farther proceedings. Heard in the Supreme Court on 16 February 2016.\nHendrick Bryant Nerhood Sanders & Otis, LLP, by Matthew H. Bryant, T Paul Hendrick, Timothy Nerhood, Kenneth C. Otis III, and W. Kirk Sanders, for plaintiff-appellees.\nRoy Cooper, Attorney General, by John F. Maddrey, Solicitor General, for defendant-appellant.\nJonathan D. Guzefor John Locke Foundation, amicus curiae.\nHansen Law Firm, PLLC, by Jessica O. Wilkie and Joshua D. Hansen; and Van Winkle Law Firm, by Jones P. Byrd, for North Carolina Advocates for Justice, amicus curiae.\nMartin & Gifford, PLLC, by G. Wilson Martin, Jr.; and Wait Law, P.L.L.C., by JohnL. Wait, for North Carolina Association of Realtors, Inc., amicus curiae.\nCarlene McNulty for North Carolina Justice Center, amicus curiae.\nElliot Engstrom for Civitas Institute, Center for Law and Freedom; and Mark Miller, pro hac vice, for Pacific Legal Foundation, amici curiae.\nShanklin & Nichols, LLP, by Kenneth A. Shanklin and Matthew A. Nichols, for Wilmington Urban Area Metropolitan Planning Organization, amicus curiae." }, "file_name": "0847-01", "first_page_order": 997, "last_page_order": 1006 }