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What is a Protected Corridor? Calvin Leggett, P.E. NCDOT Program Development Branch Manager NCAMPO Conference May 2015
What is a Protected Corridor?
Calvin Leggett, P.E. NCDOT Program Development Branch Manager
NCAMPO Conference May 2015
What is a Protected Corridor?
• North Carolina Transportation Corridor Official Map Act, N.C.G.S. § 136-44.50 et seq. a/k/a “The Map Act”
• A Planning tool.
• Can be used by NCDOT, cities, counties, MPOs for highways, railways, public transit.
What is a Protected Corridor?
• Temporary restriction on
development placed upon
properties located within a
proposed highway alignment.
• Provides an extra layer of
knowledge and certainty on
proposed future roadway
location.
• Environmental and design
studies guide which proposed
alignments are protected.
Purpose of the Protected Corridor
• Limit new development that
could eliminate an otherwise
desirable transportation route
from consideration.
• Minimize additional residential
or business relocations and
disruptions to neighborhoods.
• Limit significant increases in
future ROW costs associated
with impacts to developed
residential and commercial
properties.
• Subdivisions have been built in path of Winston-Salem Northern Beltway Eastern Loop, U-2579.
• No corridor protection was in
place. All alternatives go through development.
Encroaching Development
6
Protection from Encroaching
Development
• NCDOT adopted corridor protection in 2008 for W/S Eastern Loop.
• Newly built subdivisions were affected, increasing the disruption and the number of relocatees.
7
• Proposed I-540
Southern Wake
Expressway.
R-2721.
• Jameson Park
area.
• Corridor Map
Filed in 1996
Protection from Encroaching Development
8
• Protected Corridor shown in Orange.
• Environmental pre-screening indicated “Orange” route was a good candidate for additional study.
Protection from Encroaching Development
9
• The Southern
Wake
Expressway
Corridor
• N.C. 50 and
Benson Road
area
Protection from Encroaching Development
10
• N.C. 50 and
Benson Road
area
• Development
approaches
major
interchange
proposed for
Orange route,
R-2721.
Protection from Encroaching Development
11
Sunset Lake area. Southern Wake Co. R-2721.
Protection from Encroaching Development
12
• No specific map “life”
• DOT reviews the need for protected corridors that have been in place for 10 years or more to determine if protection is still desirable.
• Input from local governments, MPOs, or RPOs is a major element of this review.
• Maps can be deleted or amended. N.C.G.S. § 136-44.50
How long can a property be in a Protected Corridor?
13
• Candidate projects for selection
as protected corridors are
limited to major control of
access facilities where pressure
from development is existing or
anticipated.
• Generally, all new location
freeways are considered for
corridor protection once the
preferred alternative alignment
is selected.
Selection of Protected Corridors
14
Current Transportation Corridor Official Map Summary Corridor Maps Filed On Proposed Projects
TIP Project No. County Description
Date of Adoption by BOT
Record Register of
Deeds
R-2576 CURRITUCK MID CURRITUCK BRIDGE 7/8/1992 7/15/1992
(SOUTH OF COROLLA ON NC 12)
R-2721 WAKE SOUTHERN WAKE EXPRESSWAY 8/2/1996 8/6/1996
(NC 55 SOUTH TO US 401 SOUTH)
R-2828 JOHNSTON SOUTHERN WAKE EXPRESSWAY 3/7/1997 3/10/1997
WAKE (US 401 SOUTH TO I-40)
R-2247 FORSYTH WINSTON-SALEM WESTERN LOOP 10/3/1997 10/6/1997
(US 158 TO US 52)
R-2250 PITT GREENVILLE SOUTHWEST BYPASS 5/7/2009 4/16/2009
(SR 1125 FORLINES ROAD TO US 264)
Right Of Way Acquisition In Progress For Part Or All Of Project
TIP Project No. County Description
Date of Adoption by BOT
Record Register of Deeds
U-2519 CUMBERLAND FAYETTEVILLE OUTER LOOP 10/2/1992 10/21/1992
ROBESON
(SOUTH OF CUMBERLAND COUNTY LINE TO NORTH OF SR 1400)
AMENDED 9/6/2001 9/11/2001
AMENDED 6/1/2006 6/6/2006
U-2524 GUILFORD GREENSBORO WESTERN LOOP 8/2/1996 8/8/1996
(I-85 TO LAWNDALE DRIVE)
U-2525 GUILFORD GREENSBORO EASTERN AND NORTHERN LOOP 10/4/1996 10/7/1996
(LAWNDALE DRIVE TO NORTH OF I-40/85)
AMENDED 9/8/2011 3/5/2012
R-2413 GUILFORD US 220-NC 68 CONNECTOR 6/6/1997 6/10/1997
ROCKINGHAM (SR 2133 TO THE HAW RIVER)
R-2707 CLEVELAND SHELBY BYPASS (WEST OF SR 1162 PEACH TREE 2/4/2010 5/25/2010
ROAD TO WEST OF SR 1001 STONEY POINT ROAD)
U-2579 FORSYTH WINSTON-SALEM NORTHERN BELTWAY 1/8/2009 11/26/2008
EASTERN SECTION (US 52 TO US 311)
16
TIP Project No. County Description
Date of Adoption by BOT
Record Register of
Deeds
R-211E MECKLENBURG CHARLOTTE SOUTHERN OUTER LOOP 7/7/1989 8/18/1989
Complete (NC 16 TO US 74) AMENDED 7/12/1991 8/9/1991
R-2248 MECKLENBURG CHARLOTTE WESTERN OUTER LOOP 7/7/1989 8/18/1989
Complete (I-77 TO NC 49)
R-2123 MECKLENBURG CHARLOTTE EASTERN OUTER LOOP 4/6/1990 4/25/1990
Complete (US 74 TO I-85)
R-609 GUILFORD US 311 HIGH POINT EAST BELT 12/6/1990 12/20/1990
Complete RANDOLPH (SR 1154 TO EXISTING US 311 E. OF ARCHDALE)
R-2641 WAKE EAST WAKE EXPRESSWAY 1/4/1991 1/11/1991 Complete (US 64 TO SR 1007)
AMENDED 4/2/1993 4/23/1993
R-2547 WAKE US 64 BYPASS 1/4/1991 1/11/1991 Complete (I-440 TO US 64 EAST)
AMENDED 4/2/1993 4/23/1993
AMENDED 7/12/1996 8/1/1996
Transportation Corridor Official Maps Completed Projects
17
TIP Project No. County Description
Date of Adoption by BOT
Record Register of
Deeds
R-2000 WAKE NORTHERN WAKE EXPRESSWAY 7/12/1991 7/19/1991
Complete DURHAM (WEST OF NC 55 TO US 64)
AMENDED 9/2/1993 9/10/1993
R-512 RICHMOND US 74 ROCKINGHAM HAMLET BYPASS 11/5/1993 11/15/1993
Complete (US 74 E. OF PEE DEE RIVER TO US 74
WEST OF SCOTLAND COUNTY LINE)
R-2248
MECKLENBURG CHARLOTTE WESTERN OUTER LOOP 3/4/1994 3/9/1994
Complete (NC 49 TO NC 27)
(NC 27 TO I-85) 5/6/1994 7/14/1994
R-2635 WAKE WESTERN WAKE EXPRESSWAY 8/6/1993 8/13/1993
Complete (WEST OF NC 55 TO NC 55 SOUTH)
U-2307 CATAWBA HICKORY EASTSIDE THOROUGHFARE 7/2/1993 9/10/1993
Complete (STARTOWN ROAD TO SPRINGS ROAD)
R-2417 LEE US 421/NC 87 SANFORD BYPASS 2/5/1999 2/9/1999
Complete (WEST OF SR 1400 TO NC 87)
R-2554 LENOIR US 70 GOLDSBORO BYPASS 7/11/2002 7/17/2002
Complete WAYNE (WEST OF NC 581 TO WEST OF SR 1714)
Transportation Corridor Official Maps Completed Projects
18
• General acquisition authority: § 136-18, 19, et seq.
• Map Act Authority: § 136-44.50 et seq. • Local Governments, Regional
Transportation Authorities, NCTA and the Wilmington MPO may adopt maps.
• Map parameters and filing procedures.
• Variance and hardship acquisition provisions
Statutory Authority
19
• § 136-44.51
• Temporary 3-year
restriction on new
improvements.
• Restrictions sunset 3
years after submission
of building permit
application or map
determination request.
Statutory Authority The Map Act
20
• § 136-44.52
• Variances from map’s
restrictions can be
granted.
• Owner must make
application.
• NCDOT has approved
85% of variance
requests Statewide.
Statutory Authority The Map Act
21
• § 136-44.53
• Advance acquisitions
may be made.
• Owner must apply.
• Undue Hardships.
• Protective purchases.
Statutory Authority The Map Act
22
• Prohibit the use of
residential or
commercial property
• Restrict the ability to
maintain existing
buildings and other
existing improvements
• Restrict the sale of
property in the corridor.
Statutory Authority The Map Act Does NOT
23
Map Act
§ 136-44.50 et seq.
Building permit restrictions Sunset 3 years after submittal of
request
136-44.51
Owner applies for Variance from Building
Permit Restrictions
136-44.52
Owner applies for Hardship Acquisition
136-44.53
24
• § 136-44.54
• NCDOT Appraisals of
advance acquisitions for
right of way must
comply with federal
rules.
N.C. Statutory Authority The Map Act
25
• Federal Highway Admin.
(FHWA) can reimburse
NCDOT for early
acquisitions that meet
federal guidelines.
Federal Law and Rules
26
• 49 C.F.R. § 710.501,
710.503.
• Early acquisitions may be
used for corridor
preservation, access
management, or other
purposes.
Federal Law and Rules
27
• 80 % reduction in tax rate on
vacant property. § 105-277.9
• 50% reduction in assessed
value for improved property. §
105-277.9A
Tax Benefits for Property Inside Protected Corridors
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• Kirby, Harris, et al.
vs.NCDOT. Forsyth Co.
• Jamestown Pender v.
NCDOT, and Wilmington
Urban Area MPO.
• Beroth Oil, et al. v.
NCDOT. Forsyth Co.
• Deans, et al. v. NCDOT,
NCTA. Wake Co.
• Many others
Legal Update on Pending Lawsuits
29
County Inverse Claims Project/Corridor Map
Cleveland County 18 Shelby Bypass
Forsyth County 68 Winston-Salem Northern Beltway[
Pender County 2 Hampstead Bypass
Wake County 5 South Eastern Extension of I-540
Cumberland County 14 I-295, Fayetteville Outer Loop
Guilford County 5 Greensboro Outer Loop
Robeson County 1 I-295, Fayetteville Outer Loop
Totals 113 6 projects
ACTIVE LAWSUITS
AS OF APRIL 15
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• The primary basis for most of the lawsuits seems
to be the real or imagined loss of property value
due to knowledge of the proposed road project.
• Most of the plaintiffs have not attempted to
develop their property, some have not even
attempted to market it.
• Case law has determined that plans for or
knowledge of a pending project alone is not a
taking.
• The legal question is “does the restrictions
associated with the corridor map constitute a
taking”?
LEGAL ISSUES
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• In Kirby, Harris et. al Forsyth County: The Court of Appeals held in February, that NCDOT’s filing/recording of protected corridor maps with the accompanying property restrictions in 1997 and 1998 for the Winston-Salem Northern Beltway project –Western Section were exercises of NCDOT’s eminent domain powers (not police powers) and constituted legal takings of private property rights, and NCDOT should pay compensation for the taking.
• The Court views the Map Act’s restrictions as being “perpetual” in nature and rejected NCDOT’s argument that the restrictions sunset three years after an owner submits a building permit or subdivision application to a local authority.
• The Court focused on the Map Act’s restrictions, not on the potential effect the maps’ publications may have on a property’s market value. The court distinguished North Carolina’s Map Act and these cases from past legal rulings where mapping and planning were held to not be takings and did not involve “perpetual” restrictions on private property.
• The Court indicated that the purpose of the Map Act is to reduce future acquisition costs, though it noted there are other reasons corridor protection might be justified, e.g., reduce future relocations, ensure orderly development, etc.
• The State has petitioned the Supreme Court to review this decision . We will likely know in June, whether they will hear the case.
Current Legal Status
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• In Jamestown, Pender County: The trial court ruled that based on the Appeals Court decision in the Kirby case, an inverse condemnation occurred when the MPO filed the protected corridor map, and that NCDOT is liable for a taking, not the MPO. • i.e. The MPO acted as our “agent” when filing the map.
• It is likely that the Kirby decision will largely determine the outcome of all other lawsuits since they all make similar claims
Current Legal Status
33
• Several bills have been filed that impact the Corridor Map Act
• It is almost certain that the General Assembly will take some form of action to amend the law we currently have.
• Three Major Bills: • HB 183 which repeals the Map Act and requires the
DOT to study a process for acquiring land for future highway construction that is in accordance with the Court of Appeals ruling in Kirby v. NCDOT
• Eliminates the current tax advantages for tax years after July 1, 2015
• Passed the House on April 16
Current Legislative Status
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• SB364which requires all maps to have a final EIS and that construction begin within 10 years of filing a map.
• This bill also reduces the time frame that subdivisions and building permits may be delayed to 2 years from the current 3.
• Maintains the current tax advantages; and
• SB654 which clarifies that the Wilmington MPO has the same responsibilities and powers when filing corridor maps as the NCDOT and other jurisdictions that have filing authority.
Current Legislative Status
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Impacted Property and Expected Costs
COUNTY DESCRIPTION
REMAINING DATE OF NUMBER ROW
LENGTH ADOPTION OF UTILITIES
(in miles) BY BOT PARCELS COST ESTIMATE
CURRITUCK MID CURRITUCK BRIDGE '(SOUTH OF COROLLA ON NC 12) 7.3 7/8/1992 2 $27,539,000
WAKE SOUTHERN WAKE EXPRESSWAY (NC 55 SOUTH TO US 401 SOUTH) 7.8 8/2/1996 151 $56,750,000
JOHNSTON / WAKE SOUTHERN WAKE EXPRESSWAY (US 401 SOUTH TO I-40) 8.7 3/7/1997 161 $39,900,000
FORSYTH WINSTON-SALEM WESTERN LOOP (US 158 TO US 52) 15.4 10/3/1997 576 $54,653,000
PITT GREENVILLE SOUTHWEST BYPASS (SR 1125 FORLINES ROAD TO US 264) 19.4 5/7/2009 258 $58,760,000
PENDER/ NEW HANOVER US 17 HAMPSTEAD BYPASS (US 17 TO US 17 NORTH OF HAMPSTEAD) 14 200 $62,490,000
NEW HANOVER MILITARY CUTOFF EXTENSION 4 120 $0
CUMBERLAND / ROBESON FAYETTEVILLE OUTER LOOP '(SOUTH OF CUMBERLAND COUNTY LINE TO
NORTH OF SR 1400) 13.6 10/2/1992 406
$56,400,000 AMENDED 9/6/2001
AMENDED 6/1/2006
GUILFORD GREENSBORO EASTERN AND NORTHERN LOOP '(LAWNDALE DRIVE TO NORTH
OF I-40/85) 6 10/4/1996 354
$14,245,000
AMENDED 9/8/2011
CLEVELAND SHELBY BYPASS (WEST OF SR 1162 PEACH TREE ROAD TO WEST OF SR 1001
STONEY POINT ROAD) 12 2/4/2010 417 $15,450,000
FORSYTH WINSTON-SALEM NORTHERN BELTWAY EASTERN SECTION (US 52 TO US 311) 20.8 1/8/2009 1885 $209,795,000
4,530 $595,982,000
