The definition of a property right-of-way is a legal right of passage across property or property owned by an entity other than the one using the property. A right-of-way is important in engineering because, during the planning and construction of a project, it can dictate how engineers and construction workers can move around in a certain area. Without understanding the parameters of right-of-way law, infrastructure and industrial construction projects can be in jeopardy of becoming stalled if there are improper plans to use a property and the surrounding property to perform the necessary work.
Most industrial construction projects involve engineering professionals who need to move around from site-to-site within an construction area to perform work, including North Carolina companies like Shree Engineering, a connection and instrumentation specialist for power plants, manufacturing facilities, mining and more. Using the property around an industrial construction site is at the very essence of a project. A company like Shree likely encounters its own lessons with violations of right-of-way law when it comes to the construction sites it works in, including whether appropriate measures are taken to address any destruction or alteration to the land, buildings or other assets around the sites.
An engineering company like Shree may be put into litigation if it fails to abide by north carolina property right of-way laws during its construction projects. If engineers and other construction professionals fail to properly account for North Carolina property right-of-way laws, they could not only jeopardize infrastructure and industrial construction projects but also find themselves in legal trouble with property owners. Such trouble could occur after substantial damage is done to the property of another company that was not accounted for in engineering plans.
To be more specific, North Carolina property right-of-way laws require right-of-way holders and utility companies to avoid significant damage to property and/or provide compensation up to the appraised value of the land that has been damaged. This law is particularly important in industrial construction because engineering professionals may have to plan to use private property to navigate around specific areas in a project and may be unable to do so without violating right-of-way laws. Therefore, this could cause a business like Shree to be unable to move equipment and construction personnel freely around a project site.
Even if it does not result in complete litigation, violations of right-of-way laws could create a backlog in a project and ultimately affect potential completion and costs. Engineers should make sure that, when planning and executing an industrial construction project, they account for the full scope of the work around a project site, including ways to access the project site and how to move equipment and construction personnel to those areas without damaging the property around the site. Proper planning reduces the chances that a right-of-way violation occurs and thus, increases the chances that the project will be completed on time and on budget.
The North Carolina Department of Transportation (NCDOT) has set up good resources to help individuals, entities and companies navigate right-of-way issues, and also to help parties involved in property disputes. Consult the NCDOT website for more information on North Carolina property right-of-way laws.