Condemnation / Eminent Domain Proceedings
In North Carolina, condemnation proceedings are governed by Chapter 40A of the North Carolina General Statutes. A condemnation proceeding is the process by which the Department of Transportation exercises its power to take all or a portion of your property, with or without your consent, in exchange for the payment of just compensation for the property or interest taken. This power or right to take your title or interest in real property is often referred to as the power of "eminent domain." Below you will find answers to a few frequently asked questions regarding takings by the North Carolina Department of Transportation and links to helpful information provided by the DOT. This information is provided for your information and convenience and is not intended to be a substitute for obtaining your own legal counsel.
When will I be contacted by the Department of Transportation?
Once the transportation route is selected and approved--and the project design is complete--all affected property owners will be notified by the Department of Transportation or a private contractor working for NCDOT. Your first contact will likely be with a Right of Way Agent who's job it is to let you know how the proposed project will impact your property and to seek to settle your claim with the Department of Transportation.
Will there be an appraisal to determine the value of my real property?
Yes, an appraiser, paid by the Department of Transportation, will perform an appraisal evaluation based upon an inspection of your property. You should be given the opportunity to be present during the appraiser's physical inspection of your property. The purpose of the appraisal is to attempt to establish the fair market value of the property based upon comparable land sales data.
How will I know how much of my property DOT intends to take?
The Right of Way Agent will likely share a copy of the preliminary engineering plans for the section of the road project impacting your property. The map or plan will show the locations of the current right of way as well as the new right of way and will identify all structures and other driveways.
Will I receive a written offer to purchase?
Yes, a Right of Way Agent for the Department of Transportation will provide you with a written offer to purchase. The offer will be based upon the appraised value of the property being acquired by NCDOT. Additionally, the written offer will include a description of the property to be acquired, including any temporary construction easements or permanent drainage easements, and will identify any buildings, structures, or other improvements included in the property to be taken.
What if I own a business, but lease the building? Will I receive any financial assistance?
Relocation assistance is available to help business owners offset the costs and expenses associated with moving your business. Additionally, you may be entitled to receive additional monies tied to increases in monthly rent, taxes, insurance premiums, and utility charges (including impact fees) to be paid in connection with your new location. Re-establishment expenses may also be available to for repairs, improvements, and modifications required to be made to the replacement structure to make it suitable for operating your business.
When will I be contacted by the Department of Transportation?
Once the transportation route is selected and approved--and the project design is complete--all affected property owners will be notified by the Department of Transportation or a private contractor working for NCDOT. Your first contact will likely be with a Right of Way Agent who's job it is to let you know how the proposed project will impact your property and to seek to settle your claim with the Department of Transportation.
Will there be an appraisal to determine the value of my real property?
Yes, an appraiser, paid by the Department of Transportation, will perform an appraisal evaluation based upon an inspection of your property. You should be given the opportunity to be present during the appraiser's physical inspection of your property. The purpose of the appraisal is to attempt to establish the fair market value of the property based upon comparable land sales data.
How will I know how much of my property DOT intends to take?
The Right of Way Agent will likely share a copy of the preliminary engineering plans for the section of the road project impacting your property. The map or plan will show the locations of the current right of way as well as the new right of way and will identify all structures and other driveways.
Will I receive a written offer to purchase?
Yes, a Right of Way Agent for the Department of Transportation will provide you with a written offer to purchase. The offer will be based upon the appraised value of the property being acquired by NCDOT. Additionally, the written offer will include a description of the property to be acquired, including any temporary construction easements or permanent drainage easements, and will identify any buildings, structures, or other improvements included in the property to be taken.
What if I own a business, but lease the building? Will I receive any financial assistance?
Relocation assistance is available to help business owners offset the costs and expenses associated with moving your business. Additionally, you may be entitled to receive additional monies tied to increases in monthly rent, taxes, insurance premiums, and utility charges (including impact fees) to be paid in connection with your new location. Re-establishment expenses may also be available to for repairs, improvements, and modifications required to be made to the replacement structure to make it suitable for operating your business.
Information Regarding N.C. 107 Improvements (R-5600 Project)
The State Transportation Improvement Plan ("STIP") published by the North Carolina Department of Transportation in May 2021 estimates right of way acquisition to begin in 2022 with construction planned to begin in 2025.
On December 9, 2019, the North Carolina Department of Transportation held a public informational meeting to provide additional updates and public outreach regarding the N.C. 107 improvements. As of that time, design for the 107 project was more than 65% complete and the permanent utility easements are shown on the latest maps released to the public. The Department currently estimated the project to cost approximately $74 million.
For the latest information, please see the below maps and flyer from NCDOT.
On December 9, 2019, the North Carolina Department of Transportation held a public informational meeting to provide additional updates and public outreach regarding the N.C. 107 improvements. As of that time, design for the 107 project was more than 65% complete and the permanent utility easements are shown on the latest maps released to the public. The Department currently estimated the project to cost approximately $74 million.
For the latest information, please see the below maps and flyer from NCDOT.
| Map 1 of 2 (12.09.2019) |
| Map 2 of 2 (12.09.2019) |
| Public Informational Meeting (December 2019) |
Timeline of Proposed Improvements to N.C. Highway 107On February 23, 2017, the NC Department of Transportation hosted a public meeting at Southwestern Community College regarding improvements to N.C. 107 from N.C. 116 to U.S. 23 Business in Jackson County. The project team is developing designs for upgrading NC 107 to a four-lane, median divided facility with access management considerations to relieve congestion and improve traffic operations along this heavily traveled route.
In May 2018, additional details were released regarding DOT's plans to install a 17.5' grass center median and 5' bike lanes along NC 107. The latest information regarding DOT's plans show that a number of businesses in Sylva will be impacted by the road project. On July 23, 2019, at a joint meeting of local government entities, the NC Department of Transportation provided additional information regarding its plans for improvements to Highway 107 in Sylva. DOT currently estimates 5 residences, 55 businesses, and 30 signs will be relocated as part of the 107 project at an estimated cost of $49,715,684. The number of impacted properties could increase once the location of utilities along the 107 corridor is determined. Currently, the Department expects to begin right of way acquisition in early 2020 with construction to begin in 2021. |
Draft N.C. 107 Project MapsThe maps provided below show some of the proposed designs for upgrades to N.C. 107. These maps are not the final plans.
Additional Information
Additional References | ||||||||