Eminent Domain Attorney for Those Affected by the NC 42 Widening

The North Carolina Department of Transportation plans to widen NC 42 in Johnston County, specifically the area east of I-40 to US 70, in order to create a four-lane road divided by a median. The goal is to improve traffic flow, minimize delays during rush hour, and absorb traffic with ease as the area grows in population.

A study performed in 2016 showed that much of NC 42 is operating above capacity, meaning it’s congested at traffic signals and commuters often experience long delays. Currently the corridor has a peak of 22,000 vehicles each day and forecasts of the area show that an average of 35,000 vehicles will be on that stretch of road by 2040, leading NCDOT to take steps to reduce congestion and plan for the future.

The Timeline of NC 42 Widening Project

Public meetings and categorical exclusion studies have already been completed, and the act of land condemnation is scheduled to begin in 2022. However, as of May 2020, the preliminary engineering activities have been suspended due to budget changes caused by fighting COVID-19. Because of decreases in funding, many non-essential projects are on hold, so it’s likely that Right of Way will not take place until after 2022.

This is important because it can give you ample time to plan and speak with an eminent domain attorney in North Carolina if you’re concerned your property may be affected by this road construction project.

speak to a land condemnation lawyer in raleigh

 

What is Eminent Domain?

Eminent domain refers to the US or state government’s right  to obtain property from private citizens as long as they are fairly compensated . In the past, property obtained via eminent domain could only be used for projects deemed to favor public good, but the Supreme Court Case Kelo v. City of New London determined that the government can also use eminent domain on behalf of private developers to further economic development or run utilities.

NCDOT projects are considered beneficial to the public good, therefore, a fair use of eminent domain. However, property owners still deserve fair compensation which is often not offered from the state, which is why it’s necessary to speak with an experienced eminent domain attorney can provide guidance and ensure that you are treated fairly.

What is Land Condemnation?

In an eminent domain case, land condemnation refers to the actual seizure of property. Basically, while eminent domain is the right to take land, land condemnation is the act of taking it (with fair compensation). This in no way refers to condemning land or property because it’s unsafe or hazardous. 

What is the Eminent Domain Process in North Carolina?

In North Carolina, once a public project, like NC 42 widening, is announced, they hold meetings that are open to the public. If your property is in the vicinity of a project, you can learn more about the project and if your property will be affected. If it’s determined that your property may be acquired under eminent domain, contact an attorney immediately to help guide you through the process.

Here’s what you can expect:

  • The government will send an agent to inspect and appraise your property.
  • An appraiser selected by yourself and your eminent domain lawyer appraises the property.
  • The government will make an offer. Do not assume that the initial offer will be fair. The first offer will be based on an appraiser hired by the government,
  • If the property owner and the government agree on compensation, the sale will move forward.
  • If compensation cannot be agreed upon, eminent domain proceedings will begin.

Eminent Domain Proceedings

Eminent domain proceedings can occur without prior negotiations. Here’s how it works:

  • The government initiates the eminent domain proceeding by filing a complaint and declaration of taking in the superior court of the county where the property is located.
  • The property owner or NCDOT requests the appointment of commissioners within 60 days after the property owner files their answer to the complaint. The commissioners are disinterested property owners residing in the county.
  • The commissioners will visit the property, hear testimony, and hold hearings to determine compensation.
  • If the property owner is still not satisfied with the compensation, he or she can appeal within 30 days and the case will be heard by a jury.

Eminent Domain Resources for Landowners

The NCDOT does try to minimize the number of homes and businesses affected by its projects, mainly to help save money, but sometimes, it is unavoidable. Fortunately, the NCDOT offers relocation assistance for residents and businesses displaced by eminent domain as well as paying for their property. This assistance can come in the form of rent payments, moving costs, and paying for property storage, if necessary.  An eminent domain lawyer can assist you in determining the type of assistance you are qualified to receive.

Eminent Domain Lawyer in Raleigh

If your property lies between I-40 and US 70 along where NC 42 runs, the NCDOT may acquire it using eminent domain, and you may eligible for more than simply the cost of your land. The experienced eminent domain lawyers of Kirk, Kirk, Howell, Cutler & Thomas, LLP will review your case and help you receive just compensation, as well as any related assistance funds in which you are entitled. In some cases, you may be eligible for compensation for business losses as well.

If you are contacted by a Right of Way agent regarding this project, call our Raleigh law firm immediately at (919) 615-2473 or complete the form below to speak with us about eminent domain and land condemnation. We will guide you through the process and ensure that you are fairly compensated for your time, property, and any other associated costs.

 

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