Yes! There are limitations on utility companies' eminent domain powers in North Carolina. In fact, it is possible that some of these limitations might apply to your property in Buncombe, Polk and Henderson County. In North Carolina, power companies are known as "private condemnors." So, they have less power and authority than the NC Department of Transportation. For example, they cannot relocate you from your property unwillingly.
The big three limitations for the utility company are set out in North Carolina General Statute § 40A-3, which says: "No such condemnor shall be allowed to have condemned to its use, without the consent of the owner, his burial ground, usual dwelling house and yard, kitchen and garden, unless condemnation of such property is expressly authorized by statute."
While helping Progress / Duke Energy acquire property, I witnessed a property owner successfully use these limitations to reach an outstanding legal solution. If you need help doing the same, just let me know. After handling hundreds and hundreds of parcel acquisitions, I have just about seen it all.
What is Duke Energy saying … today?
Read the entire transcript here to know what was said on August 27.
Notice of August 27, 2015 Hearing
SC Office of Regulatory Staff, letter requesting hearing.
In South Carolina, there has been so much negative resistance, the South Carolina Office of Regulatory Staff requested the Public Service Commission of South Carolina to hold a special hearing to take information from complaining land owners. This event was held on August 27, 2015. If you want to see the information owners shared at that event, please review the information we have provided for you below. If you are a NC resident, the SC Public Service Commission (the equivalent of our North Carolina Utility Commission) is only taking comments or feedback from South Carolina Residents.
What's going on now?
We help you level the playing field.
Utility treating you unfairly?
Duke Energy has started a new transmission line project that will go from the Asheville Plant to the Foothills Substation in Campobello, SC.
If you need help with this project, please let us know, Jeffrey O'Briant spent nearly 10 years handling Duke/Progress' eminent domain cases and real estate portfolio.
Duke Energy is planning to announce their selected route in October 2015.
The Foothills Project
Transmission Acquisition
Until this letter to the Public Service Commission of South Carolina, Duke Energy was informing owners they planned to announce a route in early 2016. However, they are now moving that time table up to October 2015. Why? They want to select the impacted owners fast to get everyone else to stop resisting. Sure there may be other reasons, but at the end of the day Duke knows once a route is selected 95% of everyone not impacted will stop calling, writing and complaining.
Protecting Property & People
Eminent Domain Limitations for Utility Companies in NC?