Can the State of North Carolina use your private driveway to your house to run a private road to a cemetery?

We have a private cemetery road on our property that has been private in our land deed for around 36 years. A wider highway is being built in front of our house and taking our road frontage and the private cemetery road. We have to find a place to put the private cemetery road back on our property. The state of North Carolina wants to put it between my house and my son-in-law and daughter's doublewide. They would be going over septic tank lines, water lines, phone lines and paving it. It will leave very little parking for my daughter's driveway. The road will be very steep and have culverts for water drainage. The water from the culverts will have to go somewhere. We are thinking it could run down on our house and down our driveway. We feel this will damage our home and property and our daughter and son-in-laws home. The state has said there is no other way to put this road back on our property. They say they can't buy our house to put it back in. Is there anything I can do?

Asheville, NC -

Attorney Answers (2)

Sarah Jessica Farber

Sarah Jessica Farber

Criminal Defense Attorney - Raleigh, NC
Answered

I think you should speak with an attorney who works with eminent domain cases. It sounds like that is what is going on with your property. I went to law school with a gentleman who does this work, his name is David Murray and he's with The Odom Firm, PLLC in Charlotte. I'd call him. Tell him I say hello if you talk to him.

This information is for educational purposes only and is not intended to form a client/lawyer relationship.
Douglas E. Portnoy

Douglas E. Portnoy

Real Estate Attorney - Raleigh, NC
Answered

You need to contact a lawyer that handled eminent domain to see if you can negotiate/move the road, etc. The lawyer will pull the plans and the talk to NCDOT and see if the taking will have to go through and the amount of compensation.

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