What are NC Chapter 136 and Chapter 40A Takings?

Are you being impacted by North Carolina’s laws allowing eminent domain? You may be entitled to compensation.

What are NC Chapter 40A and Chapter 136 Takings?

Eminent domain is the power of the government to take your private property for a public purpose; these takings will interfere with your private use and enjoyment of the land. The process of taking land is called condemnation.

In North Carolina, the power of eminent domain is outlined in Chapter 40A and Chapter 136 of the state statutes. Chapter 40A applies to most municipalities, counties, and public utilities. Chapter 136 primarily applies to state agencies such as the North Carolina Department of Transportation.

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, and what damages are required to be paid.

Private condemnors

The right of condemnation extends to private entities under certain conditions. Procedures and limits for how private condemnors may operate are established by 40A.

Private condemnors may exercise eminent domain power for certain “public use and benefit” activities, including:

  • Corporations and companies building public utilities such as railroads, power substations, sewage systems, bus stations, etc.
  • Schools trying to obtain a pure and adequate water supply.


Seeking just compensation

While the NCDOT may increase their compensation at any time, the original deposit of compensation allows the DOT to take ownership of the land. The initial deposit may be withdrawn at any point by the owner – even as they continue to fight for additional compensation. The landowner has 12 months from when the condemnation action was served upon the landowner to file an official response with the court claiming they have not received adequate just compensation.

If you’re feeling bulldozed and need to fight for maximum compensation, contact us to see how we can help.


We have several former NCDOT attorneys ready to lead your fight for just compensation.

Do you need a free case evaluation?

Our “second check” contingency fee arrangement

You have a right to just compensation for your property, so fight for it. The first check a condemning agency, like the NCDOT, deposits is hopefully just the start. While you keep that check free and clear, we’ll fight to increase your compensation.

We have a network of professionals to draw on as needed in determining the true value of your land, including:

  • Appraisers
  • Real estate brokers
  • Engineers
  • Architects
  • Land planners

You pay nothing to us up front. Even the case evaluation is free. If we are unable to increase your compensation, you owe us nothing. If we are successful in getting you a “second check,” our attorney’s fee is a percentage of only that extra check.

Several of our North Carolina condemnation attorneys are also former NCDOT attorneys – a rarity. They’re using their knowledge from the other side to fight for you.

Call the North Carolina Eminent Domain Law Firm at 1-877-393-4990 for a free evaluation of your case and to find out if one of our North Carolina condemnation attorneys can help you.

Call now

Get a free case
evaluation today.

There are only a handful of attorneys in NC who practice eminent domain exclusively, and even fewer with NCDOT experience. We have several. That’s why its worth getting in touch with us for a free case evaluation.

Here’s how it works:

1) Tell us about your situation.

2) We research your property as needed, using DOT maps, our own technology, and experience to see the exact effects.

3) We let you know what we think a fair offer would be. This evaluation is free, and there’s no
pressure or obligation to hire us after.

But please don’t wait to act. Waiting can hurt your case, and the cost is the same: free.

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