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In the state of North Carolina, the Transportation Corridor Map Act allows the Department of Transportation (NCDOT) to file official roadway maps listing and mapping properties that are in the path of a proposed roadway in order to create a "protected corridor" that it may use in the future for highway bypass projects.  NCDOT used their powers under what has become known as the “Map Act” in projects throughout the state, including the Winston-Salem Northern Beltway, the Greensboro Urban Loop Project, and the Monroe Bypass, among others. North Carolina land owners in areas and projects affected by the Map Act were prevented from obtaining building permits, making improvements on their property, and subdividing or developing their land. Protected corridor designations also effectively made properties unsellable because real estate market buyers knew a parcel would likely be taken by eminent domain.

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Under the power of eminent domain, a governmental entity can take business property as well as residential property. When that occurs, many North Carolina business owners are surprised to learn that business losses caused by condemnation are not factored into the offer of compensation. Unfortunately, except in rare instances, the government will not pay for lost business profits or for the interruption of business during construction.

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The North Carolina Department of Transportation released its March 2016 Board of Transportation Agenda.  The document confirms the Board’s determination that a right of way acquisition is necessary for specified projects and that the acquisition of land associated with those projects, either by negotiation or by land condemnation in North Carolina, has been approved.

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In the state of North Carolina, eminent domain is defined as the power to divest right, title, or interest from the owner of the property and vest it in the possessor of the power against the will of the owner upon the payment of just compensation for the right, title or interest divested.

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North Carolina has a long-recognized requirement that an eminent domain action be for the public use and the public benefit.  Recent legislative activity reflects that lawmakers have a desire to narrow the requirement through a state constitutional amendment.

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If you believe that your property may be affected by the Pacific Connector Gas Pipeline or another similar project, you should contact an experienced attorney as soon as possible. To schedule a consultation with one of the eminent domain lawyers of Sever Storey, LLP, call our office today at 888-318-3761 or send us an email through our online contact form.

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Eminent domain is the power of the government to claim your rightfully owned property to enable many different projects. When most people think of eminent domain, they think of residential homes being leveled to make way for large commercial developments or highways. However, homeowners are far from the only landowners who can be affected by eminent domain.
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