Land Condemnation and Eminent Domain

Land condemnation is a daunting experience no commercial property owner wants or plans to face. Not only do they have to contend with losing their property rights and the uncertainty of their business, but they also need to navigate the complex tax implications of eminent domain proceedings. According to the federal Internal Revenue Service (IRS)…

Raleigh, North Carolina, is a vibrant city that continues to grow, attracting new residents and businesses. However, this growth often brings with it the challenge of traffic congestion. To address this issue, city leaders have long been working on a plan to widen and improve a critical roadway: Six Forks Road. The Six Forks Road Project:…

Eminent domain is the power of the government to seize private property for public use. As a private property owner, knowledge is power; when you learn that your property is being taken, you must know your rights. This includes understanding the definition of public use in an eminent domain context. Historically, this term has been used broadly…

In a significant development for the Raleigh metropolitan area, the construction of the final leg of the Outer Loop, known as N.C. 540 or the Triangle Expressway, is set to begin as early as next year. The North Carolina Department of Transportation (NCDOT) and the North Carolina Turnpike Authority have recently awarded the first of two…

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…

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…

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…

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…

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.…

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…