Yesterday I received the following note from the owner of a North Carolina farm protected with a conservation easement: “Can the state’s power
of eminent domain be used to build a highway across conserved land? We are worried about the possibility of a 4-land highway through our conserved land.”
Hers is a great question. I answered “From what I’ve read, yes. According to the Agricultural Conservation Easement Fact Sheet (PDF) from American Farmland Trust, “Conservation easements do not offer protection from eminent domain. If land under easement is taken through eminent domain, both the landowner and the easement holder must be compensated.”
Learn more about how to preserve land with a conservation easement and download a free fact sheet (PDF).
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