Duke, Dominion, electric co-ops back DOT in easement dispute

Duke Energy, Dominion Energy, and the North Carolina Electric Membership Corporation are supporting the state Department of Transportation in a Mecklenburg County easement dispute to prevent a trial court’s ruling from leading to potentially billions of dollars in taxpayer liability and increased utility costs. The electricity providers seek to file a friend-of-the-court brief, arguing that easements should be interpreted to reflect market realities and avoid creating windfalls for property owners at public expense. UNC law professor John Orth has also joined the case, emphasizing the critical distinction between fee simple takings and easements in property law.