Who Can Exercise Eminent Domain?

Generally, any sovereign government may exercise the inherent right of eminent domain. Eminent domain is an inherent right that is deemed to exist automatically within the borders of a sovereign government. A government is regarded as “sovereign” if it has the power to make laws and is regarded as the supreme authority within an area. Therefore, the different state governments in the United States, along with the federal government, may exercise eminent domain.

Furthermore, the Supreme Court illustrated this point regarding the government’s right to exercise eminent domain in the case Boom Co. v. Patterson. In Boom Co. v. Patterson, the United States Supreme Court stated that eminent domain “requires no constitutional recognition; it is an attribute of sovereignty.” Therefore, the state and federal government may exercise the right of eminent domain simply because they exist and are recognized as sovereign. This idea also allows local municipalities and county governments.

However, some states, like North Carolina, have created laws that allow other non-governmental entities to exercise eminent domain. Under Chapter 40A of the North Carolina General Statutes, private entities may exercise the right of eminent domain if certain specifications are met. The exercise of eminent domain must be for a stated public use or benefit. In other words, the purposes for which they can exercise eminent domain rights must be found in the General Statutes.  Before they can file a condemnation lawsuit, they must try to negotiate for the purchase of the property with the private owner.

Usually, the private entities that exercise eminent domain are utility companies, railroads, and other large corporations. However, private schools also have the ability, based on the statute, to exercise eminent domain for specific purposes such as ensuring safe drinking water gets to the school. Also, trucking companies and union bus station companies (organized under the authority of the North Carolina Utilities Commission) can exercise eminent domain to construct bus stations where the town has over 60,000 people.

Our firm focuses on three practice areas: Disability, Personal Injury, and Eminent Domain. Every practice area has attorneys who have expertise in their respective area of practice. 

Chad Brown is a North Carolina Board Certified Social Security disability law specialist. Mr. Brown helps Social Security disability claimants at all stages of the disability process. He also works with people that have Long Term Disability denials and with people that are injured by drugs and defective medical products.

Your Questions Answered

What Is the Public Good for Purposes of Eminent Domain?

The question above asks a question that seems to coincide with one of the two main restrictions that the constitution places on the government before it can take private property. However, what is being referred to here as “public good” is actually referred to as...

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Can Eminent Domain Be Used for Economic Development?

This question was brought to many Americans’ attention in 2005 after the decision for Kelo v. New London was handed down by the United States Supreme Court. In that case, the Court stated that government could condemn property and convey it to private entities for...

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Can Eminent Domain Be Challenged?

The state and federal government do have the inherent right to exercise eminent domain. This inherent right is not expressly given in either the United States Constitution or the North Carolina Constitution. However, those documents do act to restrict the government’s...

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