Control of Access

In the world if eminent domain and condemnation, few words strike fear into the hearts of business owners like “control of access.”  While you may not be familiar with the term, everyone is familiar with the concept of controlled access.  Interstates are generally full control of access highways, meaning there are no driveways connected to the highway and there is no way to access private land directly from the highway.  You have to get on and off the interstates using exits that connect to roads that have less restricted access.  Other roads (like U.S. Highway 17 in many places) are partially controlled access which means that the North Carolina Department of Transportation has limited access to the highway but did not completely close access to private land.  On most highways that fit into this category, access is controlled around busy intersections and other points of conflict.  As part of the power of eminent domain the Department has the power to control access to all the roads in the state system.  If you own a business or home and the State imposes control of access that eliminates or severely limits access to your property, you may be entitled to damages.  If your business, home, farm, or undeveloped property will be impacted by an eminent domain taking please contact The Law Group to discuss your rights (910-251-6088).