North Carolina
Agricultural & Farm Property Eminent Domain Attorneys
Farms and rural tracts are frequently affected by pipeline easements, transmission lines, and highway projects that cross large stretches of land — often disrupting how the property is actually farmed, not just how much acreage is taken.
Pipelines, Transmission Lines, and Easements on Farmland
Our attorneys have represented farm and rural landowners in major interstate pipeline cases, including the Atlantic Coast Pipeline and Mountain Valley Pipeline, which affected hundreds of landowners across Virginia and West Virginia. Natural gas and electric transmission projects typically require an easement across the property rather than a full taking, but that easement can still affect how the land is farmed, financed, and eventually sold.
Permanent vs. Temporary Easements
A permanent easement gives the utility or pipeline company an ongoing right to use a strip of your land, even though you retain ownership. A temporary construction easement allows access only during construction and should end once the project is complete. Understanding which type of easement is being requested — and exactly what rights it grants — is a critical first step before agreeing to any offer.
Impact on Farming Operations
An easement or right-of-way across working farmland can affect field access, irrigation, fencing, drainage, and the ability to use certain equipment near the easement area. Construction activity can also damage crops, soil, and existing fencing. These operational impacts, and the cost of restoring the land after construction, are important parts of a fair compensation analysis — not just the value of the acreage in the easement itself.
When a Taking Splits a Farm
A pipeline, transmission line, or road project that crosses a large tract can effectively divide a farm into separate sections, making it harder to move equipment or manage the land as a single operation. This kind of severance damage — harm to the remaining property caused by how the taking splits it — is a recognized category of compensation in many eminent domain cases.
Frequently Asked Questions
A permanent easement gives the pipeline or utility company an ongoing right to use a defined strip of your land indefinitely, even though you keep ownership. A temporary construction easement only allows access during construction and should be released once the project is finished.
Depending on the type of pipeline and the terms of the easement, it may restrict certain structures, deep tillage, or plantings directly over the pipeline, and construction can temporarily disrupt fields, drainage, and access routes. The specific restrictions depend on the easement agreement.
Damage to crops, fencing, and other improvements caused by construction activity can be a recoverable part of your compensation. Documenting the condition of your property before construction begins helps support this part of a claim.
In many cases, farming can continue around and sometimes over an easement area, subject to restrictions in the easement agreement regarding structures, plantings, and equipment near the utility line. The specific terms of your easement will determine what’s allowed.
If a pipeline, transmission line, or road divides a farm in a way that makes it harder to operate as a single tract, this may support a claim for severance damages — compensation for the reduced value or usability of the remaining land caused by how the taking splits it.
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