Time for Change is Now

april-mapby Senator Joyce Krawiec

I would like to take this opportunity to make you aware of, what I believe, is a tremendous injustice to citizens of our state, and especially, to some families here in Forsyth County.

As a real estate agent back in the 1980s, I saw the uncertainty that occurs when the NC Department of Transportation begins to make plans for new roads.  Families in the path of the planned corridors can have their worlds turned upside down.  This has happened to far too many families here in our county.  Some of these families who I encountered in the 80s are still living in limbo, waiting for their properties to be acquired.

Roads are a very important part of economic development.  We need to be able to transport people, goods, and services in a timely and safe manner.  Road development is a priority for a growing area but it must not be done by violating the rights of property owners.  A balance has to be found.

North Carolina, since 1987, has been able to use the MAP Act to restrict development in the protected corridors designed for road improvements.  This statute was never intended to tie property up indefinitely, according to two of the bill sponsors.  However, that is exactly what has happened.  The General Assembly seemed clear on the intent that it described as, “An Act to control the cost of acquiring rights-of-way for the State’s highway system.”

The Appeals Court has finally ruled.  The final decision was in favor of the residents in Forsyth County who had finally had enough and had filed suit against NC DOT.  As of this writing, there is still a chance that NC DOT will appeal.  Citizens in Forsyth County, and other parts of the state, may see their nightmare finally nearing an end.

I have prepared a bill to repeal the controversial MAP Act.  It is time for this unfair process, which I believe to be a violation of property rights, to end.  There are other bills being filed as well to amend the MAP Act and reduce the time limit requirements.  We can, and we must, find new ways for NC DOT to do the work they need to do without encumbering property for decades, as is currently happening.  Other states manage to do it and North Carolina can as well.

North Carolina is the only state in the country where property, in a protected corridor, can be tied up indefinitely.  Only 13 other states have any form of MAP Act and the time limits for denying permits vary between 60-180 days.  In NC, building permits can be denied for 3 years.  In reality, owners are unable to sell their property due to the “cloud” of eminent domain for transportation purposes and they must wait for the only possible buyer, NC DOT.

I am optimistic that we will be able to make great strides on this issue this session.  Between the Appeals Court ruling in favor of the property owners and the bills being crafted in the General Assembly, it is my sincere hope that we will be able to free these property owners from this indefensible burden.  The time for change is now.

 

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