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County attorney warns of DOT condemnation risk as commissioners approve easements on consent agenda
Summary
Alamance County approved a consent agenda that included rights-of-way and easements to the N.C. Department of Transportation. County legal counsel told the board some deeds were poorly drafted, that DOT may proceed with statutory condemnation if the county rejects DOT's formatting, and that the county's primary leverage would be valuation.
The Alamance County Board of Commissioners approved its consent agenda after county legal staff described concerns with rights-of-way and easement documents drafted by the N.C. Department of Transportation.
"They were cordial and they said we would hate to have to go to that length to get this done, but they did indicate that they want to start construction early in 2025, and they're going to do that one way or the other," County Attorney Mr. Paisley told the board when describing recent conversations with DOT representatives. He advised the county that DOT sometimes has non-attorney staff draft easement documents, that some deeds currently lack legal descriptions for specific parcels, and that DOT indicated it could pursue statutory condemnation if the county refuses DOT's proposed formatting.
The county attorney said the county could challenge valuation in any condemnation proceeding but suggested it would be difficult to contest the public-use justification for the land the DOT intends to acquire. "The only real argument we would have is for the value," he said.
Chair moved to leave the easement items on the consent agenda and approve the consent agenda; the motion was seconded and the board recorded a unanimous voice vote in favor. Commissioners asked staff to ensure deed descriptions and requested changes were reviewed before execution.
No litigation was filed during the meeting. County staff said they had discussed revisions with DOT's contractor and reviewed updated versions of the agreements ahead of the meeting, but the county will continue to monitor the matter and, if necessary, defend valuation in hearings connected to any takings.
