What is the Map Act and How Does it Apply to Wake County Residents?

Two Map Act disputes are making headlines in Wake County as the North Carolina Court of Appeals has ordered a trial judge to revisit damages the state Department of Transportation (DOT) was ordered to pay for various services . The issue at hand could result in less money for the plaintiffs in the case than the trial judge had ordered.

The court rejected the DOT’s arguments about whether property taken under the Map Act should be temporary or indefinite. The Map Act’s restrictions limited residents’ access to develop or use their property, and also restricted the ability for new buildings or infrastructure, including schools, to be constructed on affected properties, particularly in certain neighborhoods that were directly affected by these regulations.

With decades of experience handling municipal law and condemnation cases, the attorneys at Van Camp, Meacham & Newman law firm are well-equipped to protect your rights and interests in the face of eminent domain challenges to your property, recognizing the significant impact these laws have had on each person and the neighborhoods involved.

What is the Map Act and How Does it Apply to Wake County Residents?

The Map Act was approved in 1987 and had allowed the DOT to file official corridor maps for future highway projects. Under the Map Act, the DOT could block any development of property covered by the maps. The idea behind the Map Act was intended to limit development in those areas while the state completed preliminary studies that would reduce the money the state would have to pay to purchase land for road construction.

While those studies were being done, property owners could not develop their land, add buildings, structures, or accessory structures, or perform work their property. Any modifications or additions would have required a permit, but permitting was not allowed under the Map Act. The restrictions created new legal limitations on the use of property in accordance with the Map Act. The application of the Map Act depended on the location of the properties affected. This led to the reduced property value of many properties. Many property owners became frustrated with the process that limited their property rights.

Why Was the Map Act Repealed?

Over time, many property owners pushed back. They argued that the restrictions were unfair and unconstitutional. In 2016, the North Carolina Supreme Court agreed. The court ruled that by limiting how people could use their land for long periods without actually purchasing it, the state hindered their project, essentially taking the land, and doing so without proper compensation.

The law was repealed in 2016, but many property owners who had been affected for years still had legal claims against the DOT for lost property value, waste, and use.

Timeline of Key Legal Events

• 1987: Map Act enacted by NC legislature.
• 1996: Wake County properties added to I-540 corridor map.
• 2016: NC Supreme Court rules the Map Act unconstitutional in Kirby v. NCDOT.
• 2020: Court confirms in Chappell v. NCDOT that the Map Act takings are of "indefinite duration."
• 2024: Appeals Court considers whether property owners in Mata and Wonder Day deserve more compensation.

Development Regulations Under the Map Act

The Map Act, also known as the North Carolina Map Act, has had a significant influence on development regulations throughout Wake County, prompting many to contact local authorities . Under the county’s Unified Development Ordinance (UDO), the presence of mapped transportation corridors directly affects how properties can be developed, especially in areas where future roads or highways are planned.

The UDO is designed to ensure that all development, whether in residential districts or commercial zoning districts, aligns with Wake County’s comprehensive vision for growth, while also safeguarding property rights in every form.

For residents and property owners, this means that any plans to build, modify, or expand structures must comply with specific county regulations. Any equipment or systems installed as part of new construction must also meet county standards to ensure safety and compliance. In residential districts, for example, the UDO sets clear guidelines for accessory structures like sheds, detached garages, or workshops, helping to preserve neighborhood character and property values.

In commercial zoning districts, the ordinance outlines which types of businesses are permitted, ensuring that new development is compatible with existing uses to determine overall community impact. and does not negatively impact nearby residential areas.

Navigating these regulations can be complex, especially when a property is located within a mapped corridor. The Wake County Register of Deeds is a valuable resource for accessing official maps and property records, while local law firms with experience in real estate and land use can provide guidance on how the Map Act and UDO may affect your property.

Staying informed about these regulations is essential for anyone. It is important to note when considering development, construction, or changes to their property in Wake County.

Zoning Considerations for Wake County Properties

When it comes to developing or improving property in Wake County, understanding zoning considerations is essential for both residential and commercial property owners. The county’s Unified Development Ordinance (UDO) serves as the primary framework for regulating land use, construction, and development across all zoning districts. Whether your property is located in a bustling commercial area, a quiet residential district, or an industrial zone, the UDO outlines the rules that help protect property rights, public safety, and the character of established neighborhoods and every unit within them.

Wake County is divided into three main types of zoning districts: residential, commercial, and industrial. Each district comes with its own set of regulations and restrictions, designed to ensure that land use is compatible with the surrounding area.

For example, residential districts are intended to preserve the quality of life in neighborhoods, while commercial and industrial districts allow for a broader range of business and manufacturing activities. Property owners and developers must ensure that any proposed use, including installation of an appliance, or construction is consistent with the zoning designation for their parcel.

Before starting any construction or development project, property owners must submit detailed site plans and construction plans to the Wake County Planning and Development Department. These plans are reviewed to ensure compliance with zoning regulations, building codes, and environmental standards.

The process typically involves submitting applications, paying required fees, and undergoing inspections. In unincorporated areas of Wake County, county regulations apply, and all necessary permits and approvals must be obtained before any work can begin, including a schedule of inspections.

Accessory structures, such as garages, sheds, or decks, are also subject to zoning regulations. Property owners must ensure that these structures meet setback requirements, height limits, and other standards outlined in the UDO. Public utilities, including water and sewer connections, may be limited by zoning restrictions, and any changes or extensions must be approved by the relevant county department.

The Wake County Register of Deeds plays a vital role in recording property records, including zoning designations and any changes that may affect a parcel. Property owners, developers, and their law firms should consult these records to verify zoning status and ensure compliance before submitting plans or starting construction.

The permitting process in Wake County can be complex and may involve multiple steps, including reviews by planning staff, public notices, and coordination with transportation and public safety officials.

Applicants must address any concerns raised during the review process and may need to revise their plans to meet county requirements. Equipment, appliances, and materials used in construction must also comply with county standards, and temporary structures require special permits and approvals.

Waste management, environmental protection, and access to public utilities are all important considerations during the development process. Property owners must ensure that their projects do not negatively impact neighboring properties or the environment. The Planning and Development Department, located in Raleigh, provides guidance and support throughout the process, from initial planning to final approval.

For those seeking to combine residential and commercial uses, or to develop in established neighborhoods, it’s important to note that the UDO may allow certain combinations of uses, but only if all applicable regulations are met. Advance notice of zoning changes or amendments is typically provided to affected property owners, and updates are published on the county’s website and in local newspapers.

Ultimately, compliance with Wake County’s zoning regulations is essential for protecting property values, ensuring public safety, and supporting responsible growth.

Property owners and developers are encouraged to contact the Wake County Planning and Development Department or consult with a qualified law firm to navigate the process and ensure their projects are approved in accordance with county regulations.

Plat Requirements for Affected Properties

For properties impacted by the Map Act or undergoing new development in Wake County, meeting plat requirements is a critical step in the process.

A plat is a detailed map that outlines the boundaries, dimensions, and key features of a land parcel. In Wake County, plats must be prepared by a licensed surveyor and submitted by the applicant to the appropriate county department for review and approval.

The plat submission process involves several important steps. First, the plat must clearly show property lines, easements, rights-of-way, and any restrictions or covenants that may affect the property. For parcels located in unincorporated areas of Wake County, the applicant submits the plat to the Wake County Planning Department, where it is reviewed to ensure compliance with the Unified Development Ordinance and other county regulations. This review helps protect public utilities, ensures that site plans are accurate, and that any work performed on the property meets established county standards.

Developers, property owners, and their legal representatives must follow these procedures carefully to avoid delays or legal complications. The Wake County government provides detailed forms and instructions to assist applicants in submitting complete and accurate plats. Ensuring that all required information is included and that the plat meets county standards is essential for a smooth approval process.

By adhering to these requirements, property owners and developers can help protect their investment and support responsible growth throughout Wake County.

How the Map Act Affected Property Values in Wake County

One of the most significant consequences of the Map Act was the long-term suppression of property values. Once land was included in a designated corridor map, it became less attractive to buyers and investors. This was due to:

• Legal uncertainty about future use
• Inability to obtain building permits
• Difficulty securing financing or loans
• General market hesitation due to state involvement

Even though the landowners still held legal title to their property, the economic value was severely diminished, often without any compensation until years later.

This created ripple effects in local neighborhoods, where development stalled, and homeowners couldn’t build wealth through equity growth or real estate investment.

The Emotional Toll on Property Owners

While much of the legal debate around the Map Act focuses on financial compensation, it's important to recognize the emotional and psychological toll on property owners. Many families:

• Put life plans on hold
• Lost savings due to unrealized property sales
• Watched their neighborhoods deteriorate due to stalled development
• Experienced frustration dealing with bureaucratic delays

For some, the legal fight has lasted more than a decade, adding stress and uncertainty for families, retirees, and small business owners alike. These cases are not just about land, they’re about livelihoods and quality of life.

Why Are Wake County Property Owners Still Fighting?

Two high-profile cases in Wake County, Mata v. NCDOT and Wonder Day Partnership v. NCDOT, are testing how much money the DOT owes these property owners. The parties involved in these cases include property owners, the NCDOT, and the courts.

Here’s the issue: The DOT blocked development on these properties starting in 1996, using the Map Act. That’s 20 years of restrictions that extend over a long period before the law was overturned.

The court now needs to decide:

• Were those restrictions temporary (meaning the state owes less money)?
• Or were they indefinite, essentially a long-term taking that requires full compensation?

This distinction could dramatically change how much the affected property owners are paid, and could set the standard for many other unresolved Map Act cases across the state.

Map Act Rulings in Wake County

The DOT responded to the plaintiff's arguments, stating that the plaintiffs would force taxpayers to pay large amounts of money, much higher than any awards offered in many other Map Act cases that were settled since the Map Act was repealed in 2016.

Lawyers representing the plaintiffs in the case had argued that the DOT was trying to get a condemnation discount for money that they haven't paid. Meanwhile, lawyers representing the DOT argued that the two Wake County cases were already settled by the state Supreme Court regarding how property owners should be compensated.

The plaintiffs were accused of trying to stray from the Map Act law in hopes of getting larger payments.

What's Next?

According to The Carolina Journal, lawyers representing the DOT in the Appeals Court petition have written that if the trial court’s ruling that the rescission of the corridor maps converted the taking of property from indefinite to temporary, it would have a significant impact on all future litigation under the Map Act.

Lawyers reference the Supreme Court’s 2020 decision in Chappell v.  N.C. Dept. of Transportation, which stated that a Map Act taking falls under the category of “indefinite” duration. The decision in this case followed up on the Supreme Court’s initial ruling against the Map Act in the 2016 case Kirby v. NC DOT.

How the court rules on the duration of the Map Act will also impact direct condemnation actions involving the same properties on which the Department effected Map Act takings.

If the Map Act is ruled to be temporary, rather than indefinite, the affected property owners could collect two large payments from the DOT on the same piece of land. This would be a combination of compensation types: one payment would address the impact of the Map Act, while the other would address the actual taking of the land for the highway construction project.

All eyes will be on how the court rules. The ruling will impact how much the DOT will have to pay property owners, and whether those property owners will see two large payments for their land. At present, there is uncertainty about the full impact of the court's decision.

What Wake County Residents Should Do If They Were Affected

If you believe your property was included in a Map Act corridor, even if it was years ago, you may still have legal rights. Steps to take:

1. Gather documentation – Corridor maps, property deeds, denied permit applications, etc.
2. Check tax records – Review property value fluctuations during Map Act restrictions.
3. Consult with a land use or eminent domain attorney – Especially one familiar with Wake County property disputes.
4. Act promptly – Legal deadlines may limit your ability to file or appeal a claim.

Don’t assume that past restrictions are resolved just because the Map Act was repealed. You may still have a valid legal claim for compensation.

What Compensation Can Property Owners Seek?

Property owners affected by the Map Act may be entitled to several forms of compensation or repairs, depending on their case, including:

• Fair market value of the property
• Loss of use compensation
• Interest on delayed payments
• Attorney’s fees and litigation costs in some cases

The key issue is whether the Map Act’s impact was temporary or indefinite, and whether the final taking (when the state purchases the land) counts as a separate event requiring additional compensation.

Each case is unique, and landowners should consult with a legal team to calculate the full value of what they may be owed.

FAQ: The Map Act and Eminent Domain in North Carolina

What is the Map Act in simple terms?

The Map Act was a law that allowed the NC DOT to stop people from developing their land if it was in a planned highway area. This could last for decades without the state actually buying the land.

Why was the Map Act ruled unconstitutional?

Because it allowed the government to restrict private property for years without paying for it—essentially taking it without just compensation, which violates property rights under the Constitution.

What’s the difference between a “temporary” and “indefinite” taking?

A temporary taking means the property was only restricted for a short time, so the government owes less money. An indefinite taking means the land was basically taken for good, requiring full compensation.

Do property owners still have time to seek compensation?

If you were affected by the Map Act and haven’t yet pursued legal action, it’s worth speaking with an attorney to understand your options. Time limits may apply depending on your situation.

How do I know if my property was affected by the Map Act?

If you were ever prevented from developing your property because it was in a planned highway corridor, your land may have been subject to Map Act restrictions. A qualified attorney can review your property history and help you find out.

Are You Seeking Representation in a Legal Case?

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