Eminent Domain Attorneys in North Carolina

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Eminent Domain Attorneys In North Carolina

Eminent domain is a term that refers to the power of a condemnor—whether federal, state, or local government or other authorized private entities—to acquire private property for a public use. Entities commonly use this power for public facilities, utilities, road right of way, and many other public use projects.

Unfortunately for private landowners, public use is broadly defined, and some affected landowners can find that their property is being condemned for dubious purposes. Some property owners may also feel inadequately compensated for an acquisition’s inconveniences and far-reaching impacts even when the project is justified. Landowners should work with an experienced eminent domain attorney in North Carolina to fight for their rights.

What Are Your Rights Regarding Eminent Domain In North Carolina?

Landowners subject to eminent domain often fear they have no rights. The government or utility company may have the authority to take your property to complete a project, but regardless of the project size, you have rights as a property owner. Consulting an eminent domain attorney in North Carolina can help you fight for these rights.

At Sever Walker Padgitt, the mission of our eminent domain attorneys in North Carolina is to help property owners who are facing eminent domain and condemnation. We aim to hold condemners accountable for the land they wish to acquire, whether they are local, state, federal, or other entities. We‘ve represented thousands of landowners and have handled eminent domain cases ranging from small pipeline acquisitions to large highway projects.

When you work with our North Carolina eminent domain attorneys, you can be sure you’re dealing with qualified attorneys who can represent you and help you get just compensation.

Public Use

If challenged by the landowner, a condemning authority may have to prove that its exercise of eminent domain is necessary for public use. On some rare occasions, a landowner may successfully stop a taking by demonstrating that it does not meet the definition of “public use.”

A North Carolina eminent domain attorney can challenge this by showing that the project does not qualify for “public use.” An attorney can point out that the property or part of the property in question is unnecessary for the project or the project itself is not for the public’s consumption. This argument, however, is difficult and requires a fact-intensive analysis of a landowner’s situation. A qualified eminent domain attorney should be able to evaluate the likely success of these types of arguments.

Just Compensation

For eminent domain acquisitions, the government must provide just compensation to affected property owners. N.C. Gen. Stat. § 40A-63 states that the compensation should be based on the property’s fair market value as of the date of the filing the eminent domain petition.

However, more often than not, the amount that condemning authorities offer does not equal what you deserve for your property. In addition, the condemnor may not factor in important variables, including proper land valuation, impacts on the property’s value, and possible relocation costs.

Having an experienced eminent domain attorney in North Carolina during the condemnation/eminent domain process in North Carolina can help ensure that you get the fair compensation you deserve for your property.

What’s Involved in the Condemnation Process?

When a property is targeted for eminent domain in North Carolina, the process follows several key steps:

  1. Appraisal: The condemnor selects an appraiser to evaluate the property’s value and conduct a formal appraisal.
  2. Offer and Negotiations: The condemnor issues an offer to the landowner based on the appraisal and begins discussions with the landowner.
  3. Condemnation Petition & Notice: Once negotiations have concluded and if unsuccessful, the government will file a condemnation petition in the county where the property is located.
  4. Condemnation Hearing: A hearing is held to determine preliminary compensation and the condemnor’s justification for the acquisition if challenged.
  5. Owner’s Right to Appeal:  If the property owner disagrees with the preliminary compensation decision, they can appeal. An eminent domain attorney in North Carolina can help file this appeal.
  6. Condemnor’s Right to Take Possession: Once the condemnor has deposited with the court the preliminary just compensation as determined at the hearing, and assuming its right to take the property has not been successfully challenged, the condemnor takes possession of the property for purposes of the project.
  7. Jury Trial: The case then proceeds to determine final just compensation. If the parties do not settle, the case heads to a jury trial, if requested, where the jury will determine final just compensation owed to the landowner.

Given these intricate steps, having an experienced North Carolina eminent domain attorney on your side can make all the difference in protecting your rights and securing fair compensation.

Should You Fight Your North Carolina Eminent Domain Case?

Although figuring out your next steps after receiving an eminent domain notice may be overwhelming, you must remember your rights as a property owner and remind yourself that you can fight for them.

Land agents sometimes scare property owners unfamiliar with the process into accepting low-ball offers. If you don’t have a lawyer representing you, you could risk losing out on fair compensation for your property.

Common Examples of Eminent Domain Takings in North Carolina

Eminent domain can be applied in various ways. If you’re facing this problem, consulting an eminent domain attorney in North Carolina is crucial. Here’s a look at the state’s most common types of cases.

Utility Easements

Easements are often a contentious topic in North Carolina. These are typically  rights granted to entities, like utility companies, to use a section of a property owner’s land for a specific purpose–such as to build a transmission line or pipeline.

For instance, a utility company may gain the right to erect utility poles, install power lines, or even create access roads on your land. Instead of buying the whole property, they get an “easement,” which lets them use just a part of it.

Often, property owners feel they are not fairly compensated for easements, and many turn to eminent domain attorneys in North Carolina for advice.

Road Construction

As North Carolina’s population grows, so does the need for new roads or the expansion of existing ones. Road construction is one of the most common reasons private property is taken under eminent domain. When the government deems a piece of land necessary for public transportation or to alleviate traffic, they can move to acquire it. However, this doesn’t mean property owners should simply comply.

Ensuring a landowner receives just compensation for their land is where an eminent domain attorney in North Carolina can be invaluable.

Public Buildings & Parks

Have you ever wondered where all the space for new schools, libraries, or parks comes from? Sometimes, it’s from acquired private lands. While a new park can benefit a community, it should not come at the expense of a property owner’s rights.

If you feel shortchanged in the process, it might be time to speak to an eminent domain attorney.

Water Reservoirs

As with roadways, increasing population demands can require the government to construct or expand reservoirs. You might be in the crosshairs if your land is near water bodies. Even though community needs are essential, so is ensuring you’re adequately compensated.

While these are the most common cases, eminent domain situations can vary significantly. If you believe your property rights are being infringed upon or you’re not getting adequate compensation, consider consulting an eminent domain attorney in North Carolina for professional guidance.

Case Results

Our proven track record speaks for itself. Our North Carolina eminent domain attorneys have successfully defended property owners’ rights, securing fair compensation in various cases. See how we’ve helped clients in similar situations.

State: North Carolina, Watauga County

Case Type: Road projects

Initial Offer: $440,900

Sever Walker Padgitt Result:

$975,000

State: North Carolina, Stanly County

Case Type: Pipeline takings

Initial Offer: $5,215

Sever Walker Padgitt Result:

$45,000

State: North Carolina, Guilford County

Case Type: Road projects

Initial Offer: $214,600

Sever Walker Padgitt Result:

$832,500

State: North Carolina, Forsyth County

Case Type: Pipeline takings

Initial Offer: $19,000

Sever Walker Padgitt Result:

$83,500

State: North Carolina, Forsyth County

Case Type: Road projects

Initial Offer: $37,475

Sever Walker Padgitt Result:

$101,525

State: North Carolina, Cleveland County

Case Type: Road projects

Initial Offer: $44,800

Sever Walker Padgitt Result:

$240,000

View All Case Results

Frequently Asked Questions

For the government to exercise eminent domain in North Carolina, three key requirements must be met:

  • Public Use: The property must be taken for a public use, such as roads, utilities, or schools.
  • Necessity: The government must prove that taking the property is necessary for the project.

Just Compensation: The property owner must be fairly compensated for the land taken.

The best defense depends on the specifics of your case. A skilled North Carolina eminent domain attorney can challenge the government’s claim by arguing that:

  • The project does not serve a true public use.
  • The taking is not necessary for the project.
  • The compensation offered is not fair market value.

Legal representation is essential to protecting your rights if facing eminent domain in North Carolina.

If you refuse an eminent domain offer, the government may initiate condemnation proceedings to take the property through the court system. However, this does not mean you have to accept their first offer. With legal representation, you can negotiate for a higher settlement or challenge the taking itself at eminent domain. An eminent domain attorney in North Carolina can help you explore your options and fight for fair compensation.

Eminent Domain And Just Compensation In North Carolina

North Carolina law requires that a condemnor seeking to acquire property under threat of eminent domain first issue an offer of compensation to the landowner whose property is being acquired. Often, this offer is supported or buttressed by an appraisal. North Carolina law also mandates that the acquiring agency engages in good faith negotiations with landowners before initiating eminent domain.

In theory, these requirements help protect the landowner from getting lowballed. In practice, these guide rails still do not guarantee that an unrepresented landowner will get what they are entitled to.

For example, an appraisal is simply a third party’s opinion of the value of your property. Appraisers hired by condemnors often fail to fully consider aspects of a property to produce a lower number for the condemnor. Additionally, engaging in “good faith negotiations” does not require that a condemnor accept (or even consider) a landowner’s position of value. An appraisal can be created, good faith negotiations can be conducted, and a landowner can still lose its valuation battle with a condemnor.

As soon as you learn that your property will be affected. When it comes to eminent domain, you can never begin preparations too early. In fact, the earlier, the better. The last thing you want as a landowner is to wait until the last minute and be ill-prepared for a condemnation lawsuit. This is where landowners often get burned.

You should not negotiate yourself because you are likely ill-equipped to know what your land is worth or what you should be getting. North Carolina’s eminent domain law is a tricky animal. It allows for several landowner-friendly arguments and crevices within the law that, if properly pursued, can result in much more compensation than offered.

A landowner cannot possibly be expected to have the knowledge or expertise to explore these arguments. An experienced North Carolina eminent domain attorney can deftly maneuver the eminent domain laws to potentially a much higher-than-expected outcome for a landowner.

The attorneys at Sever Walker Padgitt work on a contingency fee basis—meaning our attorneys only get paid if they secure more compensation than the condemnor offers. Unlike other attorney-client relationships, the contingency fee agreement incentivizes our attorneys to seek as much money as possible.

If you are unsure if you have a case for more compensation, the Sever Walker Padgitt attorneys will review your case FOR FREE. Just give George Padgitt a call at 888-318-3761 or shoot him an e-mail at george@swp-legal.com, send him your appraisal, and we will review it FOR FREE. No strings, no invoices, no bills, just an honest assessment of your compensation case.

When land is taken or damaged, and the landowner has not been served a complaint or declaration, and/or otherwise been notified of this acquisition, it is known as “inverse condemnation.” To file for compensation for inverse condemnation by the NCDOT or NCDOA or a local public or private condemnor, the landowner must generally file an inverse condemnation complaint  within 24 months of the date the affected property was taken or the completion of the project involving the taking, whichever is later. However, there are exceptions to this rule.

In situations where a condemnor forces a business, organization, or landowner to relocate from a property, the entity being moved is entitled to compensation for its property interest and compensation to assist it in relocating to a new location.

The amount and type of compensation an entity may receive for relocation depends on what is being relocated. For example, a family being moved out of their house is entitled to traditional moving expenses and a differential payment between the value of its old property and the value of a new property (if there is one).

A business, however, is entitled to an entirely different set of expenses–including re-establishment costs. Much like in their compensation offers for the property, condemnors consistently undervalue the cost of relocating businesses. A qualified eminent domain attorney should be able to properly evaluate your relocation compensation and your just compensation.

A condemnor’s power of eminent domain is not unlimited. Before and during condemnation proceedings, a putative “taker” must follow certain laws and procedures to perfect its authority. For example, a North Carolina condemnor must: 1) Provide an offer to the landowner. 2) Engage in good-faith negotiations with the landowner in North Carolina. 3) Put the acquisition to a bona fide “public use.”

If a North Carolina condemnor does not follow these requirements, a landowner may be able to raise a successful challenge against the condemnor and stop the acquisition in its tracks. These types of challenges are fact-specific, and a qualified eminent domain attorney should be able to analyze your set of facts and see if a challenge is possible.

Eminent domain cases depend almost entirely on the speed at which the condemnor operates. Cases that can be resolved pre-suit usually resolve themselves within a couple of months. Cases that require litigation usually last between 12-18 months. Where and when your case resolves traditionally depends on the complexity of the case and how poor the condemnor’s offer is. A good rule of thumb is that the bigger the difference in opinion between the parties, the longer the case will take.

In some rare cases, eminent domain can be stopped. As identified above, certain circumstances may exist where a condemnor does not follow the law. In these instances, a landowner may be able to challenge or stop an acquisition. An attorney familiar with these instances can advise a landowner on whether a landowner’s circumstances warrant a challenge.

More commonly, however, an eminent domain attorney helps to increase compensation and other benefits associated with the government’s taking of land.

North Carolina has a long-recognized requirement that an eminent domain action be for the public use and the public benefit. Recent legislative activity reflects that lawmakers have a desire to narrow the requirement through a state constitutional amendment.

The North Carolina General Assembly, House Bill 3 [1], is entitled: “AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES, AND TO MAKE SIMILAR STATUTORY CHANGES.”

The proposed amendment would add a Section 19.1 to Article I [2] of the North Carolina Constitution. The following text would be added by the proposed measure’s approval:

“Sec. 19.1. Eminent domain. Private property shall not be taken by eminent domain except for a public use. Just compensation shall be paid and shall be determined by a jury at the request of any party.”

The amendment had overwhelming support in the N.C. House, where it passed by a vote of 113-5. Although the bill could theoretically appear on the May 3, 2016 ballot in North Carolina, the fact that the General Assembly will not reconvene for it next legislative session until April 2016 makes this unlikely. Nevertheless, landowners and legislators can continue to advocate and support this constitutional change.

Public Use And Public Benefit

The current two-part test will remain the legal standard until there is such a legislative change. The North Carolina Court of Appeals recently illustrated the current public use and benefit analysis in the case of “Town of Matthews v. Wright” [3], Case No. COA14-943. The opinion of the court provides that a taking of land by a local government must be for both a public use and a public benefit. In that instance, the Town could not show a public benefit, and thus it improperly exercised its eminent domain powers.  The case involved multiple legal appeals and a long saga where a municipality pursued its condemnation case based in part upon personal conflicts between the Town and the landowners. learn more]

It is unclear how this case would be read in conjunction with House Bill 3, which specifically requires only “public use”, but the House Bill supporters have generally wanted to make it harder to condemn private property for a project that is not purely public. In order to allow this measure on the North Carolina ballot, it will need to make it out of the state Senate by a 60% vote. Property owners can contact their state representatives to advocate for important eminent domain reforms that will further prevent abuse of this state power and protect the rights of landowners.

Contact an experienced North Carolina eminent domain lawyer for assistance

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At Sever Walker Padgitt, we pride ourselves on our team’s expertise and dedication. Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

Serving Property Owners Across North Carolina

Sever Walker Padgitt represents property owners facing eminent domain in North Carolina, ensuring they receive fair compensation. Our team has the experience to fight for your rights in cities across the state, including:

  • Charlotte
  • Winston
  • Salem
  • Raleigh
  • Durham

Winston-Salem, North Carolina Office

Address

301 N Main St
Suite #2406
Winston-Salem, NC 27101

Phone

(336) 892-8806 (Local)
(888) 318-3761 (Toll Free)
(336) 245-1154 (Fax)

Email

shiloh@landownerattorneys.com

Contact Us

Let us give you our opinion before you go up against North Carolina alone. We pledge to provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761.

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