Eminent Domain Attorney for the I-440 Improvements in Raleigh and Cary

Eminent Domain and Land Condemnation Attorney in Raleigh NC Due to excessive traffic and poor roadway efficiency, the N.C. Department of Transportation is rectifying driving conditions starting just West of the Crossroads shopping center where U.S. 64 and U.S. 1 diverge and ending at the NC Museum of Art.

Specific changes include replacing worn-out pavement and bridges, and also enriching interchanges to optimize traffic flow. This area of roadway features four lanes and forms a “bottleneck” that is projected to increase quickly over the next few years if not widened and improved.

Areas Directly Impacted by the I-440 Improvements

Several areas in West Raleigh and East Cary will experience major construction including:

  • Walnut Street/Buck Jones Road intersection
  • U.S. 1/Cary Crossroads Shopping Center
  • U.S. 1/Jones Franklin Road
  • I-440/Lake Johnson
  • I-440/Powell Drive
  • I-440/Driftwood Estates
  • I-440/Fairway Ridge
  • I-440/Garland Drive Townhomes
  • I-440/Western Boulevard
  • I-440/Ridge Park
  • I-440/Kaplan Park
  • I-440/Meridith Trail
  • I-440/NC State University
  • I-440/Meridith College

Purpose of the I-440 Improvements

This section of road was built in the 1960s and is the oldest section of I-440. The roadway’s unclear sight lines, slender shoulders and medians, and cramped acceleration and deceleration lanes direly need to be improved.  The main purpose of this improvement is to widen the highway from 4 lanes to 6 lanes. Bridges and pavement will be replaced during this process.

I-440 Improvements Project Timelines and Funding

This project’s STIP number is U-2719 and is currently funded for an estimated $450-$475 million dollars. At this time, there is no specific funding breakdown. The project’s environmental study was finalized in May 2018 and the project is scheduled to begin in mid-2019. If you have not already been contacted, you will likely not be impacted by this project.

What is Eminent Domain?

Defined as the right of a government or to obtain private property with compensation, eminent domain is a practice area in which the experts at Kirk, Kirk, Howell, Cutler & Thomas, LLP are well-versed in. 

Because NCDOT projects are seen as beneficial to the public, they are classified as a “just use” of eminent domain. In many cases, property owners faced with their land being acquired under eminent domain are faced with a strenuous process, especially if the government isn’t offering fair honorable compensation.

What is Land Condemnation in an Eminent Domain Case?

When it comes to eminent domain cases, land condemnation refers to the actual seizure of the property under the power of eminent domain. Be sure to check out our page on land condemnation frequently asked questions to learn more.

What Can You Do if You Live in the Complete I-440 Project Area?

If your home or business is located within the I-440 project area, chances are NCDOT will contact you to specify their intention to use your property to complete this project. In order to ensure you receive fair and just value for your property, it is recommended that speak with an Eminent Domain attorney as soon as possible.

What Can I Expect from the Eminent Domain Process in North Carolina?

If you discover your property could be acquired for the I-440 improvement project, contact an experienced eminent domain attorney as soon as possible to guide you through the legal process. A few things to expect would be:

  • An appraiser is selected by yourself and eminent domain lawyer to appraise the property
  • The government will send an agent to inspect and appraise your property
  • After appraising, the government will make an offer. Keep in mind, this offer will likely be unfair and is based on the government appraiser’s findings
  • The sale will move forward only if the property owner and the government come to an agreement
  • Eminent domain process will begin if involved parties are unable to agree on compensation



Our Attorneys are Experienced with Eminent Domain and Land Condemnation Cases

The eminent domain attorneys of Kirk, Kirk, Howell, Cutler and Thomas, LLP understand the complexity of a government agency claiming your property. Your home or business is important to you and as such, our goal is to reduce the stress of the case and help you receive the appropriate compensation for the value of your property. Contact our experienced legal team today by calling (919) 615-2473 or by completing the online contact form below. We look forward to helping you with your case.

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