Eminent domain is the right of the government to acquire your property and use it for the good of the public, or for “public use.” Public use can loosely be defined as anything that is intended to enhance the lives of the people who live, work, or visit the area, such as projects related to safety, health, government interest, or convenience. Other terms used to describe this purpose are public good, public necessity, and public purpose. Eminent domain public use must be for the general public, not a use by (or for) particular individuals.
Key takeaways
Eminent domain requires that private property be taken only for a “public use,” such as for public safety, health, or convenience.
Examples of public use in North Carolina include highways, public schools, power lines, and public water or sewer systems.
Courts have sometimes interpreted public use broadly, allowing takings for private commercial projects that may increase the local tax base.
The U.S. Supreme Court case Kelo v. City of New London is a famous example of the government taking property for private development.
North Carolina law provides limits on the definition of “public use,” permitting eminent domain for blighted properties, but not for surrounding land that’s not blighted.
What are some examples of public use in eminent domain?
Traditionally, eminent domain has been invoked to facilitate transportation, construct public buildings, aid in defense readiness, implement infrastructure and irrigation projects, establish national parks, and preserve historic sites.
Here are some common examples of public use in North Carolina:
Expansion and construction of railroads, turnpikes, highways, streets, canals, and bridges
Construction of hospitals, public schools, and libraries
Erection of power-generating facilities and power lines
Building of pipelines originating in North Carolina for the transportation of petroleum products, coal, gas, limestone, or minerals
Installation of public sewerage systems and water treatment facilities
Building of police stations, fire stations, and prisons
Construction of military bases or other national defense buildings
Is public use ever abused?
Yes. The courts have allowed for a rather broad definition of “public use,” including eminent domain takings of private property for redevelopment. In some cases, property has been taken to allow for the construction of private commercial development as a means of increasing the community’s tax base.
If a project is expected to generate tax revenue and jobs, it’s presumably for the public good, right? This interpretation of the public use requirement has, on occasion, removed meaningful limits on the use of eminent domain.
An example of private developers benefiting from eminent domain
In 2005, the U.S. Supreme Court ruled in Kelo v. City of New London to allow the government in New London, CT to take a woman’s house, which was in good condition, for public use even though the surrounding neighborhood was not blighted. The land was then given to a private developer. This further opened the door to other cities and states using the power of eminent domain seemingly on behalf of developers, taking the land, and then allowing developers to build office buildings and strip malls or other projects that ostensibly benefit the public through tax revenue.
As a result of such rulings, many states have passed legislation curbing the use of eminent domain and narrowing the definitions for “public use.” North Carolina is one such state, enacting Session Law 2006-224, which allows the use of eminent domain for blighted parcels, but not for any surrounding unblighted land.
How the NC Eminent Domain Law Firm approaches public use cases
Challenging the government’s right to take your property based on it not being for “public use” is extremely difficult. While North Carolina law offers some protections, in the vast majority of cases, the government’s project will move forward. We believe the most critical issue for property owners is not whether the government can take your land, but how much they must pay you for it.
The government’s initial offer is just that — an offer. It may not reflect the full and fair market value of what is being taken or the damages to your remaining property. The attorneys at the North Carolina Eminent Domain Law Firm know how to analyze the government’s project and appraisal. We have several eminent domain attorneys who have worked for the NCDOT, and their experience on the “other side” can be a powerful asset for you.
Our focus is on fighting for maximum value and just compensation for you. We know how to build a compelling case and fight to prove the full value of what you may be owed.
There are only a handful of attorneys in NC who practice eminent domain exclusively, and even fewer with NCDOT experience. We have six. That’s why it’s 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 will give you our professional evaluation of your legal situation and recommend next steps. 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.
1-877-393-4990
1-877-393-4990