Eminent domain allows the government to take private property for public use. But not all land is treated equally. In this blog, we’ll explore what property is exempt from eminent domain and how to advocate for yourself if your land is at risk.
Common Properties Exempt from Eminent Domain
While no property is entirely immune from eminent domain, certain types are more likely to be protected from it. This is especially the case when the property in question serves a broader community benefit:
- Primary residences- Governments are often hesitant to take family homes due to public resistance.
- Agricultural land – Some states, including North Carolina, offer additional protections to preserve farmland, especially when agriculture plays a significant role in the state’s economy.
- Religious and historical properties – This includes cemeteries owned by churches or licensed burial associations, as they are often protected by federal or state laws.
- Conservation land – Environmental regulations already protect these areas.
TAG Tip: North Carolina’s population is growing fast, about 1.4% per year (NC OSBM), which is well above the national average. This, in turn, leads to increased demand for roads, utilities, and public projects. As a result, we are seeing a steady rise in eminent domain cases across the state. Property owners must remain vigilant and be aware of their rights.
Can You Fight Eminent Domain?
Yes, you can. But timing and preparation are key.
Awareness and Legal Rights
Most property owners are unaware that their land is in the path of a project until they receive an offer letter from the government for their land. Crazy, right? There is no universal system for alerting the public, so it is crucial to stay informed yourself:
- Look for utility markers or survey flags on your property
- Keep up with NCDOT updates
- Speak with an eminent domain attorney to discuss your options
The Role of the Appraisal
If you decide to fight for your land, your next move should be to get an independent appraisal. Government appraisals are often conservative, primarily backed by public records, and may not include an in-person inspection. In turn, that could mean a lower valuation than your property truly deserves. A private appraisal from someone like TAG gives you negotiating leverage and strengthens your legal case.
TAG Tip: Eminent domain doesn’t always mean losing your entire property. In many cases, the government may need only a portion (known as a parcel), like a strip of your front yard, for road widening. Even small takings can impact property value, so it’s worth understanding your rights and getting an appraisal if you’re affected.
Eminent Domain Examples in NC
These real-world projects show where and how eminent domain is being used across North Carolina.
Project
Location
Case Summary
Durham-Orange Light Rail
Durham/Chapel Hill
Land was taken for a planned light rail line that was later cancelled in 2019.
Archdale Road Widening
Greensboro area
Over 150 parcels affected for a road expansion set to begin around 2028.
NC540 Toll Road Expansion
Wake, Harnett, and Johnston Counties
Land acquired to build the toll road completing Raleigh’s outer loop.
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