Eminent Domain Blog

NCDOT Funding Issues Causing Delays Statewide

Citing the costs of cleaning up after several natural disasters, the North Carolina Department of Transportation (NCDOT) acknowledges that funding shortages will delay hundreds of infrastructure projects statewide.  In fact, according to an Aug. 30th memo from NCDOT COO Bobby Lewis, preliminary engineering is being suspended on nearly 1000 projects.

Read more at the Triangle Business Journal by clicking here.

Bill May Change How Billboards Treated in Eminent Domain Cases

The way that billboards are treated in potential eminent domain cases may change soon.  House Bill 645 was recently approved by the North Carolina Senate, and some opponents say the bill goes too far.  The Bill, which is supported by N.C. Outdoor Advertising Association, relaxes restrictions on moving billboards when the owner of the land no longer wants the sign, or when the land is being acquired through eminent domain.  But some localities, as well as Scenic North Carolina, and the Sierra Club, oppose the Bill’s language.

 

Atlantic Coast Pipeline’s costs balloon; timeline pushed

The Mountain Valley Pipeline might have gotten a favorable ruling out of the Fourth Circuit earlier this week regarding the use of eminent domain, but the road has been very rocky for Dominion Energy’s Atlantic Coast Pipeline.  Work has started and stopped due to lawsuits; permits have been issued, challenged, and revoked; and the projected cost has gone from original estimates of $4B to more than $7B.  Dominion now estimates that full service won’t begin until 2021 – a year behind schedule.

Read more here: https://www.wfae.org/post/atlantic-coast-pipeline-delayed-cost-rises-75b#stream/0

“I thought they just took it.”

A recent article that appeared online via the Mooresville Citizen covered a public meeting hosted by the North Carolina Department of Transportation regarding the Oates Road widening project.    NCDOT hosts such meetings all over the state, nearly year round, ostensibly giving the public the opportunity to view maps, ask questions, and learn how a specific transportation project might affect their property.

Continue reading ““I thought they just took it.””

House Bill 3: Protecting the Landowner?

The North Carolina House recently passed House Bill 3, which proposes amending our State Constitution and changing the language in certain statutes concerning eminent domain.

HB3 would amend Article I of the North Carolina constitution to add Section 38, entitled “Eminent Domain”: Private Property shall not be taken by eminent domain except for a public use.  Just compensation shall be paid and shall be determined by a jury at the request of any party.” Continue reading “House Bill 3: Protecting the Landowner?”

Eminent Domain Year-In-Review

The landscape of eminent domain law in North Carolina saw changes both big and small in 2016.  The NC Supreme Court affirmed the Court of Appeals’ decision in the Kirby case, marking a monumental shift towards protecting property owners’ rights.  As a response, the North Carolina legislature tried their best to contain the damage and limit compensation to those affected landowners.  The repercussions of these changes will ripple in the State for years to come. Continue reading “Eminent Domain Year-In-Review”

House Bill 3: Explicit Protections for Landowners

Seal of North Carolina

On Jan. 14th, 2015 State Rep. Chuck McGrady (R-117th Dist.) filed a bill proposing an amendment to the North Carolina Constitution in order to address concerns about the condemnation of private property within the state. House Bill 3 proposes to amend section 19 of the Constitution to explicitly state that (1) eminent domain should be used only to take private property for public use; (2) just compensation shall be paid whenever private property is taken; and (3) a landowner has a right to a jury trial in a condemnation matter. Rep. McGrady recently told the Hendersonville Lightning that “[a]mong state constitutions, only North Carolina does not expressly state that a government must pay for the private property it takes.” Indeed, even the Fifth Amendment of the United States Constitution states that “nor shall private property be taken for public use, without just compensation.” Continue reading “House Bill 3: Explicit Protections for Landowners”

Dominion Selected to Build $5B Atlantic Coast Pipeline

Pipeline im Bau 2

Duke Energy and Piedmont Natural Gas have selected Dominion to construct their proposed 550-mile long natural gas pipeline.  The so-called “Atlantic Coast Pipeline” will run from West Virginia, through Virginia and North Carolina, and will cost between $4.5 and $5 billion.  In North Carolina, the pipeline will run from Northampton County, then travel southwest through six other counties before ending in Robeson County and connecting to existing Piedmont Natural Gas transmission facilities.  According to a Duke Energy press release, “Dominion is conducting land surveys along the proposed pipeline route. It will determine the final route based on landowner input; community meetings in counties on the route; consultation with government agencies and other interested stakeholders; and an environmental, historical and cultural impact assessment.” Continue reading “Dominion Selected to Build $5B Atlantic Coast Pipeline”

Federal Highway Trust Fund Gets $11 Billion Patch

Centerline Rumble StripThe US Senate recently passed a House-drafted bill that provides a temporary fix to the federal Highway Trust Fund problems.  The bill moves $11 billion from other sources over to the fund to prevent a 28% reduction in spending during peak construction time.  The fix is far from permanent, but will allow the feds to continue to make payments to state agencies and others – for now.  Several of the large transportation projects currently underway in North Carolina receive federal dollars, including the Monroe Bypass, I-540 / Outer Loop in Wake County, and the Durham East End Connector.