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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“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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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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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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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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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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Every two years, the North Carolina Department of Transportation releases a massive document called the State Transportation Improvement Program (STIP). The STIP outlines transportation projects scheduled within the next decade and the associated costs. However, with inflation on the rise and department funds quickly dwindling, this blueprint will see some significant changes in the decade ahead. Delayed…
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When the government contacts you about seizing (or condemning) your property under the power of eminent domain, you may be left wondering what to do. As a property owner in North Carolina, you reserve the right to contest condemnation of your property through eminent domain if it was not conducted properly or in good faith.…
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Now that the Bipartisan Infrastructure Deal is in effect, many North Carolinians anticipated that construction projects would resume across the state. However, that may no longer be the case as project contractors face staffing shortages and supply chain issues. The North Carolina Department of Transportation (NCDOT) reports that there will be significant delays before a number of…
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The North Carolina Department of Transportation (NCDOT) is seeking public input on its plan to convert Capital Boulevard into a 10-mile controlled-access highway up to 8 lanes wide between I-540 in Raleigh and Purnell/Harris roads in Wake Forest. While NCDOT intends to decongest traffic and reduce long and unpredictable commute times, unfortunately, the project requires…
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