Are there any restrictions on the type of property subject to eminent domain?

In North Carolina, property owners retain certain rights, including the right to be compensated when the government exercises its power of eminent domain. However, there are restrictions on the type of property that can be subject to this power. The state restricts which parcels of land private entities can take for public use under North Carolina’s eminent domain law. For instance, the government may not take property that is important to the owner’s religious practice, unless a higher court has approved it. In addition, the state has a number of rules that limit the types of property that can be taken for public use. For instance, the government may not take a property owner’s primary residence, unless a court has ruled that it is necessary for public use. Furthermore, the state restricts the use of eminent domain for private economic development projects that are not in the public interest. Therefore, although the government has the right to take private land, there are restrictions on the type of property subject to eminent domain in North Carolina. While the government may take a person’s home or property under certain conditions, it is not allowed to take property that is essential to the owner’s religious practice or to benefit private entities in a manner that is not in the public interest.

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Are there any restrictions on the type of property subject to eminent domain?

Are there any restrictions on the type of property subject to eminent domain?

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