North Carolina
Public Utility & Pipeline Eminent Domain Attorneys
Electric transmission lines, natural gas pipelines, and water or sewer projects frequently rely on eminent domain to secure easements across private land — and unlike a state or local project, some of these takings are pursued by privately-owned utility companies.
Private Companies Can Hold Eminent Domain Power
Public service companies, public utilities, and certain interstate pipeline operators can be granted the legal authority to condemn private property for their projects, even though they are privately owned businesses. Interstate natural gas pipeline projects, for example, typically obtain this authority through a federal certificate before they can begin acquiring easements from landowners along the route.
Our Firm's Pipeline Case Experience
Our attorneys have represented landowners across Virginia, North Carolina, and West Virginia in major interstate pipeline litigation, including the Atlantic Coast Pipeline and Mountain Valley Pipeline projects — cases that together affected hundreds of landowners. We understand how these large, multi-state pipeline projects work, from the initial easement offer through litigation, and we bring that experience to every utility and pipeline case we handle.
Permanent Easements, Temporary Easements, and Land Restoration
Utility and pipeline projects generally require a permanent easement — an ongoing right to maintain and access the line — along with a temporary construction easement used only during installation. You retain ownership of the land under a permanent easement, but the easement can restrict certain uses, such as building structures or planting trees, within the easement area. Landowners are generally entitled to have the land restored, and compensated for damage, once construction is complete.
Challenging Whether a Project Qualifies
Not every private company that wants to build a pipeline or transmission line automatically has the power to condemn private land — that authority typically depends on regulatory approval and a showing that the project serves a public purpose. In some cases, whether a project properly qualifies for eminent domain authority can itself be a point worth examining before agreeing to any easement.
Frequently Asked Questions
Yes, in certain circumstances. Interstate pipeline operators and other public utilities can be granted eminent domain authority through federal or state regulatory approval, even though they are privately owned companies.
Compensation typically reflects the value of the easement rights taken and any damage to the value of the remaining property caused by the easement, such as restrictions on how the easement area, or land near it, can be used.
Generally, yes. A permanent easement gives the utility company defined rights to use, access, and maintain a strip of your land, but you typically retain underlying ownership, subject to the restrictions in the easement agreement.
Landowners are generally entitled to have disturbed land restored as closely as practicable to its prior condition, and to compensation for damage that can’t be fully restored, such as removed trees or affected drainage.
In some cases, yes. Whether a project has properly obtained the regulatory approval needed to exercise eminent domain can be a legitimate issue to raise, depending on the type of project and the specific facts involved.
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