Conflicting Visions for U.S. 70 Divides Durham Community


Transportation planning is a complex task that requires balancing the needs of various stakeholders. For example, the case of U.S. 70 in Durham, North Carolina, highlights the ongoing debate between proponents of traditional highway expansion and those advocating for alternative modes of transportation. The disagreement over the future of U.S. 70 revolves around a four-mile…

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Raleigh Real Estate Costs Lead to Six Forks Road Project Delay


As the city of Raleigh prepares for the reconstruction and expansion of Six Forks Road near North Hills, it has encountered unexpected challenges related to the cost of acquiring necessary real estate. The appraisals conducted for the right-of-way along the road are primarily responsible for a shortfall of approximately $56 million in the city’s budget.…

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Henson Fuerst Attorneys Present at NCAJ 2023 Land Condemnation Seminar


Eminent Domain attorneys David Henson and Chris Beacham were presenters at the 2023 Land Condemnation Seminar, hosted by North Carolina Advocates for Justice (NCAJ). They presented on the topic of “The Nature And Extent Of The Interest Taken In PUE’s And The 108 Hearing: What Can You Do?” This continuing legal education presentation educated other…

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Henson Fuerst Secures Major Win For Property Owner Impacted by PUE Taking


On the heels of a major win in Wake County regarding permanent utility easements (PUEs) taken by the NC Department of Transportation, attorneys David Henson and Chris Beacham report a second victory in a Craven County case involving the identical issue. In this second win (and only the third known case in the state!), Henson…

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Henson Fuerst Reports Significant Victory for Wake County Property Owner


Henson Fuerst land condemnation attorneys David Henson and Chris Beacham report a significant victory for a Wake County property owner in a recent case involving a permanent utility easement (PUE) stretching across the frontage of the property. Henson Fuerst Attorneys have been challenging the overly broad taking language used by the NC Department of Transportation…

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Permanent Utility Easements (PUEs); Machiavelli’s taking


“The promise given was a necessity of the past. The word broken is a necessity of the present.”—Niccolo Machiavelli The Department of Transportation (DOT) often condemns land along its highway projects for utility providers to place the equipment needed to operate their utilities and serve their customers. The DOT does so by taking what are…

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Why Litigation in Commercial Condemnation Cases is a Good Thing


Our attorneys frequently get calls from concerned commercial property owners who are being threatened by NC Department of Transportation (NCDOT) right-of-way agents that if a settlement is not reached within a short period of time, that litigation will ensue. But is this a bad thing? In fact, we believe that litigation in most commercial condemnation…

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What is a Court Plat?


In all North Carolina Department of Transportation (NCDOT) condemnation cases, the DOT must file a court plat after filing each eminent domain lawsuit. Note that this court plat is not the same thing as the colored map that is attached to the lawsuit complaint (that map regularly changes, so it actually means very little in a case).…

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What is a 108 Hearing?


Land condemnation lawyers often refer to having a “108 hearing” in an eminent domain case. But what is that exactly? North Carolina eminent domain law specifies that all damages in a Department of Transportation condemnation case are to be determined by a jury. All other technical issues, however, are determined by the judge, and a 108 hearing…

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Why Does Eminent Domain Exist in North Carolina?

If you’re learning about eminent domain, it’s likely because you’re facing condemnation of your property. This sudden onset of events can be jarring, but the more you inform yourself of the condemnation process, the more authority you have over your land and your eminent domain case. Learning about the historical utilization of eminent domain in North Carolina…

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