FIGHT ENBRIDGE CAMPAIGN · LANDOWNER BRIEFING

Know Your Legal Rights: Eminent Domain & Pipeline Easements

EXECUTIVE SUMMARY & IMPORTANT NOTICE

If you are a Chatham County property owner who has been contacted by land agents or representatives from Enbridge Gas North Carolina regarding the proposed ~28-mile, 12-inch natural gas pipeline, you have fundamental constitutional and statutory rights. You are under no legal obligation to accept initial monetary offers, sign access agreements on the spot, or allow land agents onto your property.

8 Key Legal Rights Eminent Domain 101 Attorney Directory Report Land Agent Contact →
LANDOWNER DEFENSE PLAYBOOK

8 Key Legal Rights & Action Rules for Landowners

Guidance provided by eminent domain attorney Shaila Dom

01

Just Say No

  • Your Right: You have the legal right to reject any compensation offer or proposed access agreement presented by the utility company.
  • Current Company Limits: Under N.C.G.S. § 40A-11, the company's current authority is strictly limited to preliminary surveying and data collection. This statute requires a mandatory 30-day written notice, does not convey permanent property rights, and does not permit structural alteration, tree clearing, or permanent land damage.
02

Get It In Writing

  • Communicate Exclusively in Writing: Never rely on verbal assurances, telephone conversations, or unwritten promises from land agents.
  • Why It Matters: Insisting on written communication slows down high-pressure tactics, allows you to be clear and deliberate, and establishes a reliable paper trail of evidence for potential legal proceedings.
03

Challenge Authority

  • Contest Right-of-Entry: You have the right to challenge whether the utility has satisfied the legal prerequisites to exercise eminent domain or compel access to your specific parcel.
  • Constitutional Protections: North Carolina landowners can assert that private property protections guaranteed under the N.C. Constitution control over statutory survey entry provisions, relying on judicial precedents such as the N.C. Supreme Court decision in Town of Apex v. Rubin.
04

Negotiate Terms Only When You Must

  • Never Negotiate Alone: If access or easement discussions become unavoidable, execute them strictly through experienced legal counsel.
  • Set Strict Conditions: Attorney representation helps set protective conditions regarding survey dates, liability indemnification, environmental safeguards, and property restoration.
05

File a Legal Objection

  • Contest "Public Use": A primary legal avenue to challenge eminent domain is disputing whether the project serves a genuine public use.
  • Private Interest vs. Public Good: Landowners can contest acquisition petitions before state agencies (including the North Carolina Utilities Commission and NCDEQ) and courts by demonstrating that the project primarily serves private corporate interests or uncommitted industrial developments rather than a demonstrated public necessity.
06

Remember, Stay Calm

  • Resist Pressure Tactics: Utility land agents frequently use high-pressure statements—such as claiming "If you don't accept this offer, we will just condemn your land anyway"—to overwhelm property owners into signing prematurely.
  • Avoid the First-Offer Trap: Statistically, 93% of landowners take the very first offer offered by a pipeline company without negotiating or consulting an attorney. You have rights, and legal resources exist to ensure a fair fight.
07

Gather Information

  • Demand Written Records: Formally request complete documentation from the company detailing exact route alignments, construction right-of-way widths, engineering specs, and environmental impact assessments for your property.
08

Make a Plan & Seek Legal Advice Promptly

  • Do Not Delay: Contact an attorney specializing in North Carolina eminent domain law as soon as you receive notice.
  • How Fees Work: Eminent domain attorneys typically operate on a contingency fee basis—they receive a percentage of the additional compensation they secure for you above the company's initial offer, requiring no upfront out-of-pocket legal fees from the landowner.
KNOW THE TERMINOLOGY & RISKS

Eminent Domain & Easement Basics (Eminent Domain 101)

Definition of Eminent Domain

Rooted in the 5th Amendment to the U.S. Constitution and N.C. General Statutes Chapter 40A, eminent domain allows the government or authorized utility corporations to take private land—or an easement across land—for public use through a judicial process called "condemnation," subject to paying just compensation.

What is an Easement?

An easement grants the pipeline company specific rights to construct, operate, and maintain infrastructure on a defined strip of land, while you retain fee-simple ownership of the parcel.

No "Standard" Easements

Easement terms vary significantly across properties. Easements permanently restrict what structures you can build, crops you can plant, or activities you can conduct within the right-of-way. Crucially, many utility easements remain permanently attached to your land title even if the pipeline project is ultimately canceled or abandoned.

Restoration & Insurance Risks

Any negotiated agreement must explicitly obligate the company to repair subsurface drainage/tile systems, replace topsoil, and compensate for lost timber or agricultural yield. Note that standard homeowners' and farm insurance policies typically do not cover damages resulting from commercial pipeline incidents.

COMMUNITY SOLIDARITY & NEXT STEPS

Get Connected with Smart Chatham

Smart Chatham and local community coalitions are coordinating door-to-door canvassing, landowner tracking maps, and public webinars to ensure every affected household is supported.

Report Land Agent Contacts

Notify campaign organizers immediately if you have received survey letters, right-of-entry notices, or low-ball easement offers.

Join Upcoming Legal Webinars

Participate in virtual landowner rights sessions hosted with experienced North Carolina eminent domain legal experts.

Visit the Campaign Portal

Access maps, regulatory filings, and coalition updates at FightEnbridge.com.

Visit FightEnbridge.com Portal →

Report Land Agent Contact or Request Webinar Info

Have you been approached by Enbridge representatives or received a 30-day survey notice? Let our coalition team know so we can connect you with resources and legal webinars.

Disclaimer: This briefing is compiled by Smart Chatham for public community education and informational purposes only and does not constitute formal legal representation or create an attorney-client relationship. Property owners facing potential condemnation or right-of-entry notices should consult directly with a qualified North Carolina eminent domain attorney.