Article 2 of the law lays out procedures for how private entities may condemn your property. First, the condemnor files a petition with the court in each county where the property is located. The legal paperwork is then “served” on the property owners.

The next step is the appointment of impartial commissioners to value the taking. The commissioners decide what constitutes “just compensation” for the taking of your land. A landowner may be able to get their compensation increased by providing evidence and making arguments to the commissioners showing why the condemnor’s proposed compensation is insufficient.

Once the commissioners make their final recommendations on just compensation and the money is deposited with the court, landowners are divested of their property, and title transfers to the condemning authority.

Both property owners and the government agency initiating the commissioners’ hearing may appeal this decision within 10 days. Once appealed, the case will proceed in superior court, similarly to a case filed under Chapter 136.

Read More: Fighting for Just Compensation

Chapter 136 specifies eminent domain powers for the North Carolina Department of Transportation (NCDOT). Article 9 of Section 136 sets forth condemnation procedures.

The NCDOT can file a complaint and deposit what it considers to be just compensation with the court. When this happens, title to the property is immediately transferred to the NCDOT. This is known as a “quick-take” procedure.

The fact that the title vests with the NCDOT upon filing means that you do not have to agree with their compensation offer, or even receive notification before the taking can move forward. You’ll have a limited amount of time after the process has begun to object to the NCDOT’s calculation of just compensation.

Please note that NCDOT doesn’t always file paperwork before doing something that may be considered a taking. Sometimes their construction and development activities can create a taking, even where the taking did not occur in the usual way with court filings and an initial deposit. This is called an inverse condemnation.

The statutes favor the condemnors, but you do have rights as a property owner. An eminent domain lawyer can inform you of your rights. For example, while the condemnor has a right of entry prior to condemnation, they are not permitted to enter any structures.

Importantly, you are generally entitled to compensation for any physical damages that might arise from such entry. The NCDOT’s powers do not mean you’re completely at their mercy, but you want an experienced advocate to help you try to level the playing field.

There are many federal and state rules regulating the power of eminent domain. Sometimes, those laws can be interpreted differently. Sometimes, they can be abused. Get help from a qualified North Carolina eminent domain lawyer to learn what you can do to try to protect your rights.