N.C. Supreme Court Rules That Brokers May Testify on the Issue of Fair Market Value

By Allen N. Trask III

In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property’s fair market value. In its decision in North Carolina Department of Transportation v. Mission Battleground Park, DST, 810 S.E.2d 217 (N.C. 2018), the court held that the trial court had improperly excluded the testimony of a commercial real estate broker regarding the fair market value of property condemned by the North Carolina Department of Transportation (“NCDOT”). This article briefly explores the case facts and the reasoning of the decision and also discusses how this ruling affects condemnation or other types of cases.

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Business Section Members: Welcome to Your New Blog

By Stephen Later

This announcement marks a major turning point for the Business Law Section as we transition from our traditional newsletter to our new blog.  Jim Beckwith edited our newsletter for many years and, with his retirement, we decided to switch to a vehicle that will, we hope, offer more frequent delivery of news including updates on caselaw and legislative developments, Section business, and other matters of interest to our members.

The board of editors of our blog—Ben Baldwin, Abbie Baynes, Dave Clement, Ryan Coffield, Jonathan Jenkins, Bob Saunders, Andrew Steffensen, Jennifer Weaver, and Peter Webb—will rotate two-week periods of responsibility for blogs content.  We welcome additions to the board of editors as well as blog posters, so, if you are interested in joining the rotation or contributing an article or have ideas for topics, please reach out to Abbie Baynes, the chair of the board of editors, at [email protected]. Our success will, of course, depend upon the support and engagement of our members, so, if your inner Hemingway is searching for an outlet for expression, please reach out to Abbie or any of the other editors.

Thank you for your membership in the Business Law Section and, again, we welcome and encourage your participation in the blog or on a committee.  Our Section depends upon its members, so we hope that you take the opportunity to participate, and you will not be disappointed.

New ERISA Disability Claims Regulations: Five Things You Need To Know

By Norris A. Adams II
and Caitlin H. Walton

In the second installment of our three-part series on ERISA’s new disability claim-processing procedures, we will focus on what we believe are the five most significant changes to the regulations. Read part one here.

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