What Are NC Chapter 136 And Chapter 40A Takings?
In North Carolina, the power of eminent domain is outlined in Chapter 136 and Chapter 40A of the state statutes. Chapter 136 applies to state agencies such as the North Carolina Department of Transportation, and Chapter 40A applies to most municipalities, counties, and public utilities. Chapter 40A also applies to private condemners.
Each chapter outlines rules for the taking of private property for public use, as well as what compensation is required. Each has different rules for who can condemn property, what property can be taken, and what damages are required to be paid.
Special Provisions for Chapter 40A and Chapter 136 Condemnation
In both chapters of North Carolina statute, the condemning authority is given the right to enter your property before presenting its offer of compensation.
In Chapter 136, there is a "quick take" provision that gives the condemning authority - the N.C. Department of Transportation - the right to take your property as soon as it files the lawsuit and deposits its estimate of compensation. The title vests upon filing - meaning that you do not have to agree with this compensation or even receive the notification before this taking can move forward.
Both chapters also allow for right of entry prior to condemnation. The condemning authority can enter your property to make surveys, examine your property, or conduct an appraisal before filing a petition or depositing compensation for the property. The property owner is entitled to compensation for any damages that might arise from such entry.
North Carolina Eminent Domain Lawyers
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 protect your rights.
Call the North Carolina Eminent Domain Law Firm at 1-877-393-4949 for a free evaluation of your case and to find out if one of our North Carolina condemnation attorneys can help you. Our firm works on a contingency fee basis, which means that if we don't recover any additional compensation for you over what the government offered you, we don't receive an attorney's fee.