Land Condemnation and Eminent Domain
What is a Court Plat?
In all North Carolina Department of Transportation (NCDOT) condemnation cases, the DOT must file a court plat after filing each eminent domain lawsuit. Note that this court plat is not the same thing as the colored map that is attached to the lawsuit complaint (that map regularly changes, so it actually means very little in a case).…
Read MoreWhat is a 108 Hearing?
Land condemnation lawyers often refer to having a “108 hearing” in an eminent domain case. But what is that exactly? North Carolina eminent domain law specifies that all damages in a Department of Transportation condemnation case are to be determined by a jury. All other technical issues, however, are determined by the judge, and a 108 hearing…
Read MoreWhy Does Eminent Domain Exist in North Carolina?
If you’re learning about eminent domain, it’s likely because you’re facing condemnation of your property. This sudden onset of events can be jarring, but the more you inform yourself of the condemnation process, the more authority you have over your land and your eminent domain case. Learning about the historical utilization of eminent domain in North Carolina…
Read MoreWhat You Should Know About the NCDOT 2024-2033 STIP Revision Process
Every two years, the North Carolina Department of Transportation releases a massive document called the State Transportation Improvement Program (STIP). The STIP outlines transportation projects scheduled within the next decade and the associated costs. However, with inflation on the rise and department funds quickly dwindling, this blueprint will see some significant changes in the decade ahead. Delayed…
Read MoreChallenging Eminent Domain in North Carolina
When the government contacts you about seizing (or condemning) your property under the power of eminent domain, you may be left wondering what to do. As a property owner in North Carolina, you reserve the right to contest condemnation of your property through eminent domain if it was not conducted properly or in good faith.…
Read MoreNorth Carolina Sees Construction Project Delays Statewide
Now that the Bipartisan Infrastructure Deal is in effect, many North Carolinians anticipated that construction projects would resume across the state. However, that may no longer be the case as project contractors face staffing shortages and supply chain issues. The North Carolina Department of Transportation (NCDOT) reports that there will be significant delays before a number of…
Read MoreNCDOT Plans For New US-1 Freeway May Compromise Many Private Properties
The North Carolina Department of Transportation (NCDOT) is seeking public input on its plan to convert Capital Boulevard into a 10-mile controlled-access highway up to 8 lanes wide between I-540 in Raleigh and Purnell/Harris roads in Wake Forest. While NCDOT intends to decongest traffic and reduce long and unpredictable commute times, unfortunately, the project requires…
Read MoreWhat Federal Infrastructure Bill Means For Property Owners in North Carolina
This month, President Biden signed a $1 trillion infrastructure plan into law, allocating billions of government dollars to bridge replacement, public transportation, electric vehicles, broadband internet, and the nation’s highway programs. This significant, bipartisan government package is known officially as the Infrastructure Investment and Jobs Act. North Carolina can expect to see around $9 billion…
Read MoreNCDOT “Billions Short” For Future Projects After Refigured Costs
A state audit and reworked cost estimates revealed that NCDOT was planning projects that were billions of dollars more than it could afford. Consequently, current and future projects are expected to either be put on hold or stop altogether. Though it is normal for cost estimates and projects to be reevaluated periodically, this instance is…
Read MoreNCDOT Still At Risk of Overspending Despite Higher Funds
The NC Department of Transportation is not out of the woods just yet in its ongoing financial crisis. After a recent state audit of NCDOT, its findings showed that despite the DOT’s skyrocketing financial status since 2020, the department is still expected to exceed its budget. Furthermore, the audit determined that if there are no…
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