What you need to know

Acquisition is the process of obtaining right of way to real property in fee simple or easement through purchase or condemnation in connection with a transportation project.  Right of way is real property and rights therein used for the construction, operation, or maintenance of a transportation or related facility.  Right of way can be conveyed in fee simple or easement.

NCDOT has a written policy for acquisition that mirrors the Federal regulations and requirements established for federally funded acquisitions.  The policy is set forth below in summary fashion:

  • Acquire expeditiously by negotiations
  • Afford owner opportunity to accompany appraiser
  • Establish Just Compensation amount (through appraisal of property)
  • Provide written statement of and summary of basis for Just Compensation
  • Owner retains property until settlement or amount deposited in court
  • At least 90 days occupancy permitted after acquisition offer made
  • Property may be condemned, owner not forced to sue to prove taking
  • Offer to acquire uneconomic remnants
  • Fully informed owner may donate right of way 

The date of acquisition is generally established in one of two ways:  First, the date could be established upon the successful negotiation of the purchase of your property – the date that title passes to NCDOT by the execution, delivery, acceptance, and recordation of a Deed or Easement.  Second, the default date becomes the time of the filing of a complaint, a declaration of taking, and the deposit of compensation in court.