North Carolina
City, County & State Government Property Acquisitions
Not every eminent domain case involves a federal agency or a private utility. Cities, counties, and state agencies also have the power to take private property for public projects — and that power comes with the same constitutional limits.
Local and State Takings Follow the Same Core Rules
Whether a taking is initiated by a state department of transportation, a county government, or a city or town, the same basic constitutional protections apply: the taking must be for a genuine public use, and the property owner is entitled to just compensation. What differs is the process — a city or county project is typically handled through the locality’s own attorney’s office rather than a state agency’s legal team, and local projects can range from major road work to smaller drainage, sidewalk, or utility improvements.
Common City & County Projects
Local governments use eminent domain for a range of projects, including road widenings and intersection improvements, stormwater and drainage systems, sidewalks and greenways, water and sewer line extensions, and land for schools, parks, or other public facilities. Because these projects are often smaller in scale than a state highway project, some property owners assume there’s less at stake — but the compensation questions are just as significant for the owner involved.
State Agency Acquisitions
State-level projects — most commonly transportation and infrastructure work — typically move through a formal right-of-way acquisition process, including an appraisal, a written offer, and a defined window to negotiate before the matter proceeds to condemnation proceedings in court. Property owners have the right to have that offer independently reviewed before accepting it.
Your Rights Don't Change Based on the Size of the Government Entity
It can be easy to assume that a city or county government has more limited power, or that a smaller local project isn’t worth contesting. Neither is necessarily true. Local and state acquisitions are still required to meet the constitutional definition of public use and to pay just compensation, and an owner facing a local government taking has the same right to independent legal representation as one facing a state or federal project.
Frequently Asked Questions
Yes. Cities, counties, and towns derive their eminent domain authority from state law and the state constitution, and they’re held to the same public-use and just-compensation requirements as state agencies.
Local takings are typically handled through the city or county attorney’s office, or outside counsel retained by the locality, rather than a state agency’s legal team.
The core legal standards are the same — just compensation for a genuine public use — but the specific procedures and timelines can vary depending on whether the acquiring entity is a locality or a state agency.
Yes, if the project meets the legal definition of public use. Property owners retain the right to challenge whether that standard is met and to contest the compensation offered.
Read the notice carefully, keep any documents you receive, and consider having the offer reviewed by an attorney before you sign anything or accept a settlement. Local projects can move quickly, and early legal review can help protect your position.
Testimonials
Pleasure working with Lollards Law!
