Eminent Domain Attorney for the U.S. 64 Improvements in Apex and Cary

Eminent Domain and Land Condemnation Attorney ApexIf you are familiar with the beautiful towns of Apex and Cary, there’s a great chance you are familiar with the rapid growth that has taken place in each town over the past decade or so. Both towns are well-known for being safe, up-and-coming, and family-friendly. Pair those pros with the robust job economy and stellar education system Central North Carolina has to offer, and it is safe to say you can expect unsafe and congested driving conditions.

The N.C. Department of Transportation is investigating solutions in an attempt to rectify the unsafe and strenuous driving conditions along U.S. 64 and additional roadways that intersect from West of Laura Duncan Road in Apex to U.S. 1 in Cary.

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.

Areas Directly Impacted by the U.S. 64 Improvements

Areas in Central North Carolina with roadways unable to support both residential traffic and commuter traffic include:

  • Apex
  • Cary
  • Southwestern Wake County
  • Eastern Chatham County

Purpose of the U.S. 64 Improvements

Traffic volumes in the aforementioned areas are significantly higher than volumes in nearby areas, as there is an estimated range of over 40,000 vehicles per day west of Laura Duncan Road and an even higher average of over 56,000 vehicles per day on U.S. 1. On top of that, those estimations are projected to increase by over 40% by 2040.

Between 2012 and 2016, there were close to 800 crashes on and around  U.S. 1 and U.S. 64, which is close to twice the state average on other highways. These congestion issues pose serious safety concerns and inconveniences, especially during rush hour.

State Maintained Roads

Keep in mind, U.S. Highway 64 is maintained by the North Carolina Department of Transportation (NCDOT). In many cases, NCDOT can take up to several months to repair reported road damage, which can worsen overall driving experiences.

U.S. 64 Improvements Project Timelines and Funding

  • Public meetings were held in June 2018
  • A meeting to discuss  environmental documents was held in December 2018
  • A meeting to discuss the selection of preferred alternative was held in January 2019
  • A meeting to discuss Right of Way acquisition is set to be held sometime in 2025  
  • Project construction is scheduled to be held in the summer of 2028

There is currently no set completion date for this project.

This project is listed as “Project U-5301 in the N.C. Department of Transportation’s State Transportation Improvement Program and is currently funded for $113.8 million. The project’s funding breakdown is as follows:

  • $2,000,000 for development and design
  • $11,800,000 for property acquisition
  • $100,000,000 for construction costs

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. 

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 an eminent domain. Be sure to check out our page on land condemnation frequently asked questions to learn more.

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 U.S. 64 Highway improvement project, contact an experienced 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 an 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 eminent domain process will begin if involved parties are unable to agree on compensation

What Can You Do if You Live in the Complete U.S. Highway 64 Project Area?

If your home or business is located within the U.S. Highway 64 project area, there is a great chance that you will be contacted by the NCDOT in form of a letter 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 expert as soon as possible.


Call Our Cary & Apex Area Eminent Domain and Land Condemnation Attorneys

The attorneys of Kirk, Kirk, Howell, Cutler and Thomas, LLP understand the delicacy 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. 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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