New NCDOT Secretary Named by Governor Cooper


North Carolina Governor Roy Cooper has appointed a new Secretary of Transportation. Starting October 1st, Joseph “Joey” R. Hopkins will assume the role of leader of the North Carolina Department of Transportation (NCDOT). He will take over for Eric Boyette, who is retiring after working for the state for 27 years. About Joseph “Joey” R. Hopkins…

Read More

Can You Refuse Eminent Domain in North Carolina?


In most cases, refusing eminent domain is not an option – but it is still possible. Since eminent domain is the legal right of state and federal government entities to seize private property for public use, such a process is very complicated to navigate alone.  With the guidance of an eminent domain and land condemnation…

Read More

Impact of US-1 Construction Delays on NC Commuters


Capital Boulevard, or US-1, is a crucial corridor for Raleigh and Wake County commuters. However, the limited lanes, traffic lights, driveways, and reduced speed limits lend themselves to congested stop-and-go traffic any time of day – especially rush hour. In 2021, NCDOT proposed a solution. Plans to shorten North Carolina commutes by turning the boulevard…

Read More

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…

Read More

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.…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More