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North Carolina eminent domain law

The constitutional foundation, the two statutory schemes, and the cases that shaped them.

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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.

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