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As cities in North Carolina continue to expand, eminent domain projects keep popping up. Some of the top eminent domain projects in North Carolina include transportation or utility projects that require long stretches of private land. Understanding the current projects and your rights as a property owner can help you know what to expect, especially if you receive notice of a project requiring your property. DAS Law Group can represent you if you receive such a notice.
Understanding Eminent Domain Laws That Impact North Carolina Property Owners
Eminent domain laws give authorized government agencies the power to seize private property for public use. These projects often involve highway expansions, utility installations, or the construction of public facilities, such as schools. The number of eminent domain projects is rising, largely due to the increasing need for roadways and public infrastructure in North Carolina’s growing cities. Between July 1, 2024, and June 30, 2025, there were 393 condemnation cases.
While eminent domain projects are legal, property owners have several protections. A key protection is the right to receive just compensation in exchange for losing your property. You can also be compensated for other damages, such as moving costs, business losses, or the loss of earning potential. Another protection is that land cannot be seized unless there is a valid reason why the government needs it for public use.
NCDOT Projects Involving Eminent Domain
NCDOT is one of the government entities responsible for many eminent domain projects. For efficient roads, highway expansion, and railway installation, it often requires specific pieces of property. Some top projects that have been proposed or started recently include:
- Asheville I-26 connector project. This project creates an intersection between two sections of I-26. It is likely to impact many properties, as the stretch of interstate is about seven miles long.
- I-77 toll lane project. On I-77 around Charlotte, there is a proposed project to expand toll lanes. This project would need 29 homes to be seized through eminent domain.
- NC 540 southeast extension project. This project involves creating an outer loop around Raleigh. Though many homes and businesses have been acquired for this project, the route also cuts through undeveloped and agricultural land, which has unique differences in how it is valued.
Eminent Domain Projects Involving Utilities
While highway and transportation projects often receive the most public attention, utility projects are also a common type of eminent domain project. Many public utilities are developed through eminent domain, including:
- Natural gas pipelines
- Water and sewer line expansions
- Telecommunication infrastructure
- Renewable energy-related projects
Often, these cases involve only seizing part of a property to install or expand infrastructure. While property owners can still retain ownership of the property, these easements can limit the property’s value and development potential.
Why You Should Hire an Eminent Domain Lawyer From DAS Law Group?
Eminent domain cases can quickly become more complicated than many property owners initially expect. Government agencies, such as NCDOT, often have experienced legal teams and valuation professionals involved in the acquisition process. While you will likely receive an initial offer for your land, that number doesn’t always account for the full impact the project could have on the property and on you.
A North Carolina eminent domain attorney from DAS Law Group can evaluate whether a proposed offer reflects fair compensation. A lawyer can negotiate for increased compensation for reasons such as:
- Restrictions on your future development plans
- The impact on your business’s success
- Any other long-term effects
A lawyer can negotiate with the government entity to seek fair agreements or challenge the government’s actions in court.
At DAS Law Group, we have over 100 years of combined experience in defending property owners’ rights. We can help, whether you are looking to negotiate the compensation or feel as though your property is being taken for an invalid reason. When working with us, you can expect an unwavering dedication to protecting your rights. We can pursue lawful and fair eminent domain agreements.
FAQs
How Much Is One Acre of Land Worth in an Eminent Domain Case?
In North Carolina, there is no standard rate for how much an acre of land is worth. The government must provide you with just compensation, which involves analyzing your property’s market value. Factors that can impact how much your land is worth include:
- The location
- The value of the home or other structures on the property
- Whether the property generates income, such as through rentals or agricultural use
What Types of Properties Are Subject to Eminent Domain Laws?
So long as there is a valid reason to need the property for public use, and the government provides just compensation, any type of private property can be seized. This includes residential properties, commercial property, industrial real estate, and undeveloped land. The government may take full ownership of the property, a smaller part of your property, the airspace above it, or the underground space below it.
Do You Have to Accept the Government’s Initial Offer in an Eminent Domain Case?
No, you do not have to accept the government’s initial offer if you feel as though it isn’t just compensation. You have the right to negotiate this offer, which is why it is recommended to hire an eminent domain lawyer. A lawyer can:
- Get an independent appraisal of your property.
- Identify whether you can claim additional damages, such as relocation costs or business losses.
- Represent you in court if negotiations fail to reach a fair outcome.
Can You Challenge the Government Seizing Your Property Through Eminent Domain Laws?
Yes, even beyond negotiating compensation, you can challenge whether the government has the right to seize your property. Often, this is by challenging whether:
- The intended use benefits the public.
- Your specific property is necessary to complete the project.
- The government failed to follow proper procedures, such as providing notice.
Contact a North Carolina Eminent Domain Attorney Today
If your property has been targeted for an eminent domain project, understanding your rights can be critical. Before accepting an offer or signing documents, contact DAS Law Group to speak with an experienced lawyer. We can evaluate your situation and explain your legal options.