Under North Carolina statute and federal law, a government entity — such as the North Carolina Department of Transportation — may take an easement in your property under eminent domain. While an easement doesn’t give the entity full ownership rights, it provides them with a nonpossessory interest in a portion of your property. For instance, they may use your property to run utility lines across it, install water pipes, or dig ditches for drainage. Since an easement may hinder your rights regarding what you may want to do with your property, it’s crucial to be aware of the types of easements and how a taking can impact you.
There are two main types of easements — permanent and temporary easements. A permanent easement means the condemning authority is purchasing the rights to alter your land and use it for its own purposes. But while your land isn’t being bought outright by the entity, you are not allowed to use it in a way that would interfere with the easement after the taking. For instance, if you built a fence or another structure on the property following the taking, the entity would not be required to compensate you if they destroy it in accordance with their permitted use of the easement.
In contrast, a temporary easement allows the condemnor to lease part of your land for the amount of time it would take to complete the project. Once the project has concluded, your full ownership rights in your property are restored. However, it can sometimes be difficult to determine how long a project will take and whether your land will be returned in its original condition. It’s important not to accept a low value for this type of easement simply because it is temporary.
If you are facing a condemnation matter involving a permanent or temporary easement, contact the experienced eminent domain attorney at Murray Law for advice on your rights and help in ensuring you receive just compensation for your property.
In addition to being permanent or temporary, an easement can also be classified by its purpose. For example, the North Carolina Department of Transportation might take an easement to run aerial lines, facilitate drainage, or conduct construction work. Some common types of easements in North Carolina are taken for the following purposes:
Under eminent domain law, a property owner is entitled to just compensation for a governmental taking — this applies to temporary easements as well as permanent takings. Typically, just compensation for a temporary taking is the fair market rental value of the land that is occupied. This is the rental value that likely would be placed on the land in the event the owner had rented it on the market.
In addition to receiving compensation for the fair market rental value of your property, you may also be entitled to other compensation for a temporary taking. For instance, in cases involving a construction easement, you might be entitled to the cost of removal and replacement of improvements or for the destruction of trees and crops. You may also be able to negotiate compensation for the diminished value to the area as a result of the alterations made in connection with the easement.
Other factors that should be considered when it comes to just compensation include the length of time the easement is used — and the costs associated with constructing any alternate entrances to the property necessary to gain access. However, loss of business income caused by a temporary easement is generally not compensated under the law.
There are many types of easements that can be taken by a condemning authority in North Carolina. If you are facing a condemnation matter involving a permanent or temporary easement, it’s essential to have an experienced eminent domain attorney by your side to advise you regarding your rights and help ensure you receive just compensation for your property. Located in Charlotte, Murray Law provides trusted representation to landowners concerning a wide range of land use matters, including those involving easements. We welcome you to call Murray Law’s Charlotte office at 704-940-9095 to schedule a consultation to discuss your case.
