North Carolina Law
The constitutional foundation, the two statutory schemes, and the cases that shaped them.
North Carolina eminent domain law sits in three places. Article I Section 19 of the state constitution, the Law of the Land Clause, provides the constitutional foundation, because North Carolina has no express takings clause. Chapter 40A of the General Statutes governs most condemnors. Chapter 136 Article 9 governs the Department of Transportation.
Everything else follows from those three.
No express takings clause. Article I of the Constitution of North Carolina runs to thirty eight sections and none of them requires just compensation for a taking. The obligation is derived from the Law of the Land Clause, which is why the statutes and the case law carry so much of the weight here.
The authority, the constitutional position and the Map Act cases.
Read moreWhat the statutes give you, and the deadlines attached.
Read moreThe sequence, and the two routes it can take.
Read moreThe proceeding itself.
In preparationWhich bodies hold the power and for what.
In preparationExplore North Carolina resources matched to your property, the project affecting it, and the stage you have reached.
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