North Carolina Eminent Domain Resources
Explore North Carolina focused information about eminent domain, property acquisition, property owner rights, compensation, and the issues that may affect your property.
Start With Your Situation Explore North Carolina Eminent Domain Law
Learn what may matter after notice that your property could be affected.
ExploreUnderstand how an eminent domain acquisition begins in North Carolina.
ExploreExplore questions about property value and what the offer covers.
ExploreUnderstand what is relevant when you disagree with a proposed figure.
ExploreNCDOT widening, interchanges and new alignments under Chapter 136.
ExploreRail, transit, airport and port work beyond the roadway.
ExploreWater, sewer, gas and distribution corridors.
ExploreHigh voltage lines and the corridors they need.
In preparationSchools, drainage, stormwater and civic facilities.
In preparationUrban renewal and the limits that apply.
In preparationHomes, lots, driveways and frontage.
In preparationRetail, office and industrial sites where access carries the value.
ExploreWorking land, fields and the corridors that divide them.
ExploreOperations, outbuildings, irrigation and equipment movement.
ExploreLarge holdings, timber and undeveloped land.
In preparationRentals and held land where income and future use drive value.
In preparationInfrastructure and public projects may affect rural land, farms, agricultural operations, access and future property use. North Carolina combines fast growing metropolitan areas with substantial working land, and a corridor across a farm raises questions a suburban lot never will.
Fields divided, drainage altered, headlands lost.
ExploreBuildings, irrigation, livestock movement and equipment access.
ExploreLarge parcels, timber and undeveloped acreage.
In preparationWhere a narrow corridor can affect a wide area.
In preparationThe base measure and the assumptions inside it.
ExploreA strip acquired with the rest of the land left behind.
ExploreHow the remainder is valued after the project is built.
In preparationDriveways, medians and turning movements.
ExploreWhat a corridor easement permits, and what it costs you.
In preparationEffects on an operating business.
In preparationA corridor or site is studied and parcels within it are mapped.
Design, funding and right of way needs are settled.
The agency or its agent makes contact and seeks entry to survey.
An appraisal is prepared and the property inspected.
A written offer is presented with the valuation behind it.
You review, question the assumptions and may present your own figure.
If no agreement is reached, the matter proceeds through the courts.
Compensation is determined and the acquisition completes.
The authority, the unusual constitutional position, and what it means for an owner.
ExploreWhat you can ask for, and where the law puts the burden.
ExploreWhat compensation covers, and the parts owners most often miss.
ExploreProperty impact often extends well beyond the area being acquired. This is the chain worth tracing before you respond to any figure.
A corridor, facility or scheme is planned and funded.
Part or all of your parcel falls inside the footprint.
Entrances, crossings and turning movements change.
What you could do with the land may narrow.
The land you keep is worth something different afterwards.
Each of the steps above can carry value that belongs in the claim.
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Read moreChapter 40A of the General Statutes divides condemnors into three groups: private condemnors such as railroads, pipelines and power companies; local public condemnors such as cities and counties; and other public condemnors such as sanitary districts, housing authorities, community colleges and regional transportation authorities. The Department of Transportation acts under Chapter 136 instead.
A notice usually means your parcel sits inside a project footprint and the agency intends to evaluate it. Keep every document, find out who is acquiring and what interest they want, and ask for the plan sheet showing the take against your land.
That is a partial taking, and it is the commonest pattern. Under section 40A-64 compensation for a partial taking is the greater of the before and after difference in the fair market value of the whole tract, or the fair market value of the part taken.
Valuation starts from fair market value and, on a partial taking, examines the whole tract before the taking against the remainder afterwards. For Department of Transportation takings the measure sits in section 136-112.
Yes, and frequently it matters more than the land area. Relocated driveways, closed crossovers and changed turning movements can reduce value well beyond the strip acquired.
A right to use land for a defined purpose while you keep ownership of the ground. What the easement document permits, and how wide the corridor is, determine what it costs you.
The offer is a starting position. If no agreement is reached the condemnor files a proceeding and compensation is determined by the court. Take advice from a licensed North Carolina attorney early, because time limits apply.
Explore North Carolina focused resources based on your property, the project affecting it, and your stage in the eminent domain process.
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