By Bradley Hunt, Attorney at Law

The North Carolina Department of Transportation has some upcoming high-profile projects in the works that may impact residents and business owners in Davidson and Randolph Counties. The planned widening of a 19-mile stretch of US 64 from Lexington to Asheboro kicks off in 2025 with initial public meetings to present preliminary design alternatives. While construction is not slated to begin until 2031, NC DOT will most likely begin the process of condemning land in 2028.

What is Land Condemnation?

Condemnation is the legal process for exercising the power of eminent domain. Eminent domain gives the government and certain other public entities the right to take private lands against the will of the owner for public projects. The government does pay owners “just compensation” for the right, title and interest in the property.

What is Just Compensation?

That is the big question and why so many people who receive condemnation notices contact an attorney.
Using this project as an example, let’s say you own a business that sits very close to US 64. When the engineers design the new road, they determine they will need to take 100 feet of additional land for the widened road. They measure 100 feet, and it ends up right in middle of your building. You will be getting a letter from the DOT notifying you that your property is being condemned.

Obviously, your building will no longer be usable, so they will need to condemn the entire building. But the value of the land and building is insufficient to cover your loss. If you must find a new location and move your business, you will have significant expenses associated with that move, including the physical move, notifying customers of the move, updating all your marketing materials with the new address, etc. If you can’t find suitable property to rent, you may lose business until you can reopen after building a new facility.

If we use another example, what if your home is currently 120 feet from the highway? Taking 100 feet of your property might leave the house intact, but you would certainly not want to live with high-speed traffic 20 feet from your front door. Just compensation is something that requires negotiation to ensure you are “made whole” when the land is condemned.

If you have received a condemnation letter from NC DOT, you may wish to speak to a condemnation attorney to learn your rights. Contact us today to make an appointment.