Eminent Domain Attorney for the N.C. 54 Corridor Improvements in Durham and Chapel Hill

Eminent Domain Attorney Raleigh

 

In 2018, the N.C. Department of Transportation began informing the public of a plan to alleviate traffic and congestion between the Fordham Boulevard/N.C. 54 intersection and at the Apex Highway 55/N.C. 54 intersection.

The project is currently in coordination with local stakeholders and developing preliminary designs for corridor alternatives. If you own property in this area, you may want to contact an eminent domain attorney to advise you in the event that you are contacted by a Right of Way or property appraisal agent from the state.

speak to a raleigh eminent domain lawyer

Areas Directly Impacted by the N.C. 54 Corridor Improvements

Areas in Chapel Hill and Durham county will experience major interchanges including:

  • Fordham Boulevard/N.C. 54 intersection
  • Barbee Chapel Road/N.C. 54 intersection
  • Farrington Road/N.C. 54 intersection
  • U.S. Highway 40/N.C. 54 intersection
  • Hope Valley Road/N.C. 54 intersection
  • Fayetteville Road/N.C. 54 Intersection
  • Barbee Road/N.C. 54 Intersection
  • Apex Highway 55/N.C. 54 Intersection

NC_54_Improvement_project

Purpose of the N.C. 54 Corridor Improvements

The N.C. Department of Transportation hopes to enable future growth and mobility in the project area by focusing on multimodal travel options. Specific changes include roadway widening, intersection improvements, and interchange and overpass upgrades. More lanes and crosswalks will increase both efficiency and overall safety for those walking and biking in the project areas.

Right of Way acquisitions are expected to begin in 2022.  This means land condemnation and notices related to eminent domain may be received in the near-future. Could your land be affected?

What Can You Do if You Live in the “Complete N.C. 54 Corridor” Project Area?

If your home or business is located within the N.C. 54 Corridor 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 and Land Condemnation attorney as soon as possible.

What Is Eminent Domain?

Eminent domain is the term used describing a state or federal government agency’s right to take private property or land and claim it for public use, as long as the private property owner is awarded fair compensation as laid out in the “Takings Clause” under the Fifth Amendment in the U.S. Constitution.  The Fourteenth Amendment of the Constitution gives state and local governments the same right to claim private property for public use, but it does put limits on government power.

Public Use Projects in Eminent Domain Cases

The government can only claim eminent domain when the land is necessary for public use. This includes:

  • Infrastructure construction, such as roads or bridges
  • Government buildings, like a post office or school
  • Expansion of a park or creating a federally protected wildlife area

Government agencies may also act on behalf of private companies, such as in the case of purchasing property for a utility company.

Land Condemnation

While eminent domain is the government’s right to claim land for public use, land condemnation is the actual process of taking the property and compensating the property owner. An eminent domain attorney will work on behalf of the property owner to ensure he or she receives a fair market value, even if the case has to go before a judge.

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

If you discover your property could be acquired under eminent domain for the N.C. 54 Corridor improvement project, contact an experienced attorney as soon as possible to guide you through the legal process. The steps involved include: 

    • 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
    • The land condemnation process will begin if involved parties are unable to agree on compensation

Contact an Eminent Doman Lawyer in Raleigh

The attorneys of Kirk, Kirk, Howell, Cutler and Thomas, LLP understand the sensitivity of your Eminent Domain and Land Condemnation case. 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. If you are or already have been contacted by a Right of Way agent regarding this project, 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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