North Carolina Pipeline Eminent Domain Lawyer

Trusted Pipeline Eminent Domain Attorney in North Carolina, NC

If a pipeline company has reached out about your land, you are probably dealing with one of the more stressful situations a property owner can face. A North Carolina pipeline eminent domain lawyer at DAS Law Group can help you understand your rights, push back on offers that fall short of your property’s real value, and work toward fair compensation. Getting an attorney involved early can make a real difference in how things turn out.

What Is Eminent Domain and How Does It Apply to Pipelines?

Eminent domain is the ability of the government (or sometimes private companies) to seize private property for public use, with compensation being provided to the owner of the property seized. In North Carolina, pipeline companies can be given the power of eminent domain to access or seize property.

You should have input every step of the way as a landowner, including the right to contest the offer. Offers from pipeline companies will usually be low at first, since your property is worth much more. That is why having a North Carolina pipeline eminent domain attorney involved early is important.

What to Expect During a Pipeline Eminent Domain Case?

A pipeline eminent domain action can be overwhelming, especially if you have never been through the process before. Here’s a simplified version of how it usually goes:

• The pipeline company contacts you and makes a first offer, typically an easement or all-cash offer to buy a portion of your land.
• If you reject the offer or are unable to reach an agreement, the company may file a condemnation claim.
• Evidence is presented to a judge or jury regarding the value of the property, and they determine what compensation is fair.
• During this process, you have the right to hire your own appraiser and attorney.

North Carolina is currently home to several active pipeline projects working through the state permitting process. The North Carolina Department of Environmental Quality has confirmed that major projects, including the T-15 Reliability Project, the Southeast Supply Enhancement, and the Mountain Valley Pipeline Southgate Project, are all either underway or under review, running through multiple counties across the state.

Hire a Pipeline Eminent Domain Lawyer Before You Sign Anything

Fair market value in a pipeline eminent domain case is more than just what an offer a company initially makes. It includes any negative effects the pipeline has on your land. These effects can include loss in land value, damage to crops or buildings, limitations on the use of your land in the future, and any restoration costs.

However, many landowners are unaware that a pipeline easement can impact the value of their property for years to come. Limited access to your property, impact on farming and grazing activities, or even just the fact that your deed now includes an easement can lower the market value of your land in the future. These are costs you shouldn’t just have to absorb.

To give some perspective on what’s riding on these arguments, the Mountain Valley Pipeline Southgate Project alone will consist of around 40 miles of buried pipeline through Rockingham and Alamance Counties. That is a lot of square footage to affect, and many landowners may feel that the compensation they are first offered doesn’t fully meet their damages.

Also, the initial offer will normally only look at the property being condemned and not much else. Moreover, the initial offer may not typically take into consideration the emotional trauma caused to the owner. Having a representative allows reassurance that many variables will be taken into account.

If losing your property has you stressed out or conflicted, it is great to have someone on your side when you may not be in the proper headspace. DAS Law Group is certainly up for the job.

FAQs

Can Pipeline Companies Use Eminent Domain in North Carolina?

Pipeline companies can use eminent domain in North Carolina when they have been granted condemnor status under state law, which is most common for companies transporting natural gas or other energy products for public use. That does not leave them free to do as they please with your land, however. Landowners may contest the extent of the taking and the compensation offered at every stage of the process.

What Is the Statute of Eminent Domain in NC?

The eminent domain statute in North Carolina is codified under Chapter 40A of the North Carolina General Statutes. The chapter discusses who may exercise eminent domain, what procedures must be followed before a taking, and property owner protections during the process. It mandates good-faith negotiations prior to commencement of a condemnation action.

What Property Is Exempt From Eminent Domain?

It may be beneficial to speak with a North Carolina pipeline eminent domain attorney regarding what property of yours may be exempt from eminent domain. Some types of property carry stronger legal protections against eminent domain.

Properties that are historically significant or have conservation easements may be held to a higher standard of scrutiny before a taking will be allowed by North Carolina law. However, no blanket exception exists that prevents private property owners from being affected by pipeline companies.

Has Anyone Been Successful Against Eminent Domain?

Property owners have successfully fought eminent domain actions and walked away with far more compensation than what they were first offered. Success in a case does not always mean stopping the pipeline outright; it can simply mean receiving just compensation for the true impact it will have on their land. Hiring an attorney who knows what they are doing gives landowners a better chance at securing the compensation they deserve.

Reach out to DAS Law Group Regarding Your Pipeline Eminent Domain Claim

If a pipeline company contacted you about your land in North Carolina, now is the time to seek skilled and experienced legal counsel. The sooner you hire a pipeline eminent domain lawyer who knows what they are doing, the more you can protect yourself. Contact DAS Law Group today to schedule your consultation.