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The North Carolina Department of Transportation released its March 2016 Board of Transportation Agenda. The document confirms the Board’s determination that a right of way acquisition is necessary for specified projects and that the acquisition of land associated with those projects, either by negotiation or by land condemnation in North Carolina, has been approved including:
• Harnett County;; I.D. No. W-5601AO;; Project No. 50138.2.42: NC 87 at SR 1115 (Buffalo Lake Road).
• Cumberland County;; I.D. No. U-2519BA;; Project No. 34817.2.16: Fayetteville Outer Loop from South of SR 1003 (Camden Road to South of SR 1104 (Strickland Bridge Road) Utilities.
• Forsyth County;; I.D. No. W-5601AM;; Project No. 50138.2.40: SR 2021 (Dobson/Kerner Roads) at SR 2024 (Old Valley School Road) in Kernersville.
• Cabarrus County;; I.D. No. B-5548;; Project No. 55048.2.1: Bridge No. 103 over Dutch Buffalo Creek on NC 49.
• Union County;; I.D. No. W-5601BH;; Project No. 50138.2.61: SR 1008 (Waxhaw Indian Trail Road) and SR 1346 (Beulah Church Road) near Wesley Chapel.
North Carolina Eminent Domain
Federal, state and local governments all have the power to condemn private property for public purposes. This power has been delegated to government agencies including the North Carolina Department of Transportation. This power has also been delegated to “quasi-public” entities such as public utility companies, but these “private condemnors” are subject to somewhat different procedures and restrictions. Under federal and North Carolina law, all entities possessing the power of eminent domain are subject to the constitutional requirements that 1) a taking must be for a public use; and 2) the property owner must receive just compensation.
If it appears that your property will be affected by a governmental taking, then you need to be proactive. You need to act before the process begins. In general, when considering pre-condemnation actions, it is wise to seek the advice of a North Carolina attorney experienced in property law and eminent domain issues.
Contact an Experienced North Carolina Condemnation Attorney
Condemnation negotiations are very complex and each property is unique. If you are a landowner who has received a condemnation notice, or if your property is listed by the North Carolina Department of Transportation as a property approved for condemnation, contact the skilled North Carolina eminent domain attorneys at the law office of Sever Storey, LLP today. Please call for help today at 888-318-3761.
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