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How Are DOT Regulations and Eminent Domain Cases Linked?
Each state’s Department of Transportation (DOT) is responsible for building, maintaining, and upgrading the state-wide transportation systems to ensure residents can travel easily and safely. When designing new roads or expanding an existing transportation system, the DOT will identify the property it deems necessary to acquire for the project. If a private owner holds that property, the DOT may obtain the property through eminent domain, but the agency must follow specific conditions outlined in state law during this process.
If the DOT targets your land for eminent domain, it can be stressful and confusing for you as a property owner. However, it’s essential to remember that you have constitutionally protected rights as a property owner. It’s vital to promptly seek the assistance of a skilled eminent domain attorney who can advocate on your behalf and help you navigate the challenges involved in these often complex cases.
What is the NCDOT’s Statutory Authority Regarding Eminent Domain Cases?
The North Carolina General Assembly has vested the power of eminent domain in certain entities, including the North Carolina Department of Transportation (NCDOT), for purposes deemed to be for public use or benefit. According to NCGS § 40A-3, the NCDOT, as a state agency, is authorized to exercise eminent domain to acquire property necessary for completing transportation projects. Such projects may include:
- Construction and maintenance of roads, bridges, alleys, and streets.
- Extending, widening, or improving existing transportation infrastructure.
- Obtaining rights-of-way for sidewalks, streets, and highways to ensure safety.
While the NCDOT has the legal ability to take property needed for the state’s transportation network, it also has essential responsibilities to the affected property owners. Both the US Constitution and the North Carolina Constitution provide protections against the uncompensated taking of private property. The Fifth Amendment of the US Constitution, incorporated by the “law of the land” clause in Article I, Section 19 of the North Carolina Constitution, mandates that any taking of private property for public use must be accompanied by just compensation to the property owner. A property owner has the right to dispute the valuation of their property by the DOT if they believe they are not being adequately compensated.
What Are the Two Primary Types of Condemnation Proceedings Involving the NCDOT?
Road construction near your property can impact it in many different ways and may result in direct or indirect changes in your ability to use the land in the future. There are two main types of condemnation proceedings that can arise from NCDOT projects:
- Direct Condemnation: The NCDOT initiates this condemnation proceeding after identifying the private properties needed for a project. The agency will initially attempt to negotiate a purchase by making an offer based on their appraisal. If negotiations fail, the agency will file a complaint and declaration of taking with the court. At this point, the property owner generally cannot prevent the condemnation but can challenge the compensation value.
- Inverse Condemnation: A property owner may argue that compensation is owed for the taking of their property rights, even without a direct condemnation filing by the NCDOT. For example, if a road construction project caused permanent physical occupation, major changes to the property, or significant restrictions on the owner’s ability to develop or use the land, an inverse condemnation action could allow the owner to recoup just compensation for their losses.
What is a “Quick-Take” Action?
The “quick-take” procedure is outlined in Chapter 136 of the North Carolina General Statutes and applies specifically to the NCDOT’s condemnations for transportation projects like roads, highways, and bridges. The reasoning behind allowing these actions is to ensure critical public projects can proceed without delay while the final just compensation amount is still being negotiated or litigated with the property owner. However, ensuring that property owners’ rights are upheld and the ability of the NCDOT to exercise eminent domain is not abused is vital. Consulting with a knowledgeable lawyer before the “quick-take” action is initiated may be integral to your case.
Under the “quick-take” process, if negotiations with the property owner have been unsuccessful, the NCDOT may file a condemnation lawsuit and deposit with the court its estimated amount of just compensation for the property based on its appraisal. Upon filing the lawsuit and making the deposit, the title to the condemned property and the right to immediate possession are transferred to the NCDOT, even if the owner intends to challenge the appraisal. The owner will be notified that they must vacate the property.
The property owner then has 12 months to file an answer to the lawsuit and dispute the NCDOT’s estimate of just compensation. If no answer is filed, it constitutes an agreement to the fairness of the deposited amount. Under state law, the property owner has immediate rights to the deposited estimated compensation amount and can withdraw the funds without jeopardizing their right to pursue additional compensation.
How Can an Experienced Eminent Domain Lawyer Assist You?
The NCDOT is granted eminent domain rights to bolster its ability to complete important public works projects that benefit communities across North Carolina. However, it’s crucial to ensure that government agencies do not abuse this powerful legal tool. The eminent domain lawyers at Hansen, Howell & Wilkie, PLLC have extensive experience helping property owners understand their rights and making certain those key rights are upheld throughout the condemnation process.
Eminent domain laws and procedures are highly complex. Our knowledgeable attorneys can guide you through every step, ensuring you meet all necessary deadlines and requirements. Whether you are facing an easement or the complete loss of your property due to an NCDOT project, enlisting the services of an attorney levels the playing field and maximizes the chances of receiving full and fair compensation as guaranteed by law. To schedule a free case analysis, contact our firm today at 919-256-5266.
