North Carolina focused educational resource on eminent domain and property rightsGet Help
Home / Project Types / Transportation projects and eminent domain in North Carolina

Project Types

Transportation projects and eminent domain in North Carolina

Rail, transit, airport and port work, and the property questions each raises beyond the roadway.

Get Help All project types

Not every transportation acquisition is a road. North Carolina acquires property for passenger and freight rail, transit corridors and stations, airport expansion and port work, and the effects on neighbouring land differ from a highway widening.

Rail and transit takings often run as long narrow corridors. Airport and port projects tend to take whole parcels and then influence a much wider area through noise, height limits and traffic.

Two different patterns. Corridor projects raise questions about severance and crossing. Facility projects raise questions about what happens to the land you keep nearby.

What owners along a transport corridor ask

Will I still be able to cross?

Where a corridor divides a holding, the presence or absence of a crossing changes the value of everything on the far side. That belongs in the before and after analysis.

Is the corridor exclusive?

An easement that excludes your use entirely is worth far more than one permitting grazing or crossing.

What about noise and vibration?

Effects on the land you keep belong in the remainder valuation where they reduce its value.

Who maintains fencing and drainage?

These obligations should be written into the document rather than assumed.

Frequently asked questions

Are rail corridors treated differently from roads?

The valuation principles are the same. The practical questions differ, because a rail corridor usually divides land rather than trimming its frontage.

Which statute applies?

It depends on the condemnor. A regional transportation authority is an other public condemnor under section 40A-3(c) and runs under Chapter 40A. The Department of Transportation runs under Chapter 136 Article 9.

My land is near the project but not in it. Am I owed anything?

Where no part of your property is taken the position is narrower. If a public body has physically taken or damaged your property without a proceeding, that is the inverse condemnation route.

Understand your property situation before the next step

Explore North Carolina resources matched to your property, the project affecting it, and the stage you have reached.

Get Help
Scroll to Top