Common Easement Takings in North Carolina

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.

What are the Two Types of Easements?

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.

What are Some Common Easement Takings in North Carolina?

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:

• Utility easements — A utility easement gives a utility company the right to access and control part of your land for a variety of purposes, such as putting up utility poles, running underground or aerial electrical lines, or maintaining gas lines. The language in utility easement contracts can be complex and often allows a company to return to install additional lines without compensating you further. Utility easements are typically a permanent taking that lasts until the utility company abandons them.
• Drainage easements — A drainage easement permits the government to access your land in order to facilitate drainage for a project. This can involve installing water pipes, digging ditches, and creating other structures necessary for the flow of water. These types of easements typically last indefinitely.
• Slope easements — A slope easement allows for the alteration of the elevation of the property in the area where the easement is located. It’s vital to understand the potential consequences of these types of easements to your property when negotiating compensation. In addition, it’s crucial to be aware that the agency may change the slope easement again in the future without paying you for additional alterations.
• Construction easements — Construction easements are a temporary type of easement that gives an agency the authority to access the land for construction purposes or to store equipment for a project. These projects can be an eyesore and ongoing for several years. These facts should be taken into consideration when negotiating the value of the easement.
• Ingress/egress rights — An easement usually includes a right of ingress/egress. This allows the condemnor to enter other parts of the property to gain access to the easement.

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.

What Compensation Can You Obtain for a Temporary Taking?

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.

Contact an Experienced North Carolina Eminent Domain Attorney

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.