Permanent Utility Easements:
In eminent domain and condemnation cases a common form of taking is a permanent utility easement. It has become common practice for the Department of Transportation to acquire easements for public utilizes including water/sewer lines and easements for electric utilities. When these takings occur the property owner still owns the underlying land, but the land will be encumbered forever with an easement. In most situations, a permanent utility easement will severely limited the utility of the land to a property owner, entitling the property owner to damages for these takings. In addition to DTO, may large utility companies also have the power of eminent domain and can take private land for permanent utility easements. A common example is a large utility such as Duke Energy building a new substation and then acquiring easements to construct new powerlines to connect the substation to the grid. If your business, home, farm, or undeveloped property will be impacted by an eminent domain taking please contact Shawn Evans at the Law Group to discuss your rights (910-251-6088).