North Carolina Department of Transportation has the authority to determine what land is in a\u00a0transportation corridor. Sounds innocuous. But, by classifying land as in a transportation corridor, it can also trigger land use\u00a0restrictions. The land use\u00a0restrictions tend to make the land cheaper for the state\u00a0to buy later. Good for the state to keep transportation project costs down, not good for landowners who think their land is more valuable.\u00a0<\/p>\n
As we’ve seen in Texas, restricting how land can be used is controversial. People sue. People change the law. Think of the landowners who sue when fracking bans are placed on their land, \u00a0because they are unable to make the highest and fullest use of their land. Land is valuable to the people who own it and they want to make decisions about their land.<\/p>\n
NC Courts looked at lands designated as within\u00a0transportation corridor plus the land use\u00a0restrictions,\u00a0and said\u00a0that’s effectively the state using eminent domain. This means compensation for eminent domain dates to designating the property within a transportation corridor, not when eminent domain discussions begin. It matters to the value of the property to landowners and how much a governmental entity will have to pay to acquire it.\u00a0<\/p>\n