North Carolina Eminent Domain Attorneys

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

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

At Sever Walker Padgitt, the mission of our eminent domain lawyers 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 hundreds 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 that you’re dealing with qualified attorneys who can represent you and help you get just compensation.

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.

Public Use

If challenged, a condemning authority must prove that its use of eminent domain is necessary for public use. On some rare occasions, a landowner may be able to successfully stop a taking by demonstrating a taking 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 before filing the eminent domain and land condemnation petition.

However, more often than not, the amount that condemning authorities offer is not equal to what you deserve for your property. In addition, it may not factor 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 assure that you get the fair compensation you deserve for your property.

What’s Involved in the Condemnation Process?

When a property faces acquisition by condemnation in North Carolina, the process kicks off with a county board action. The government entity seeking the land then selects an appraiser to conduct a formal appraisal.

Once done, they issue a condemnation petition and notice to the property owner, setting the stage for a crucial condemnation hearing. Decisions about property values and justifications shape the subsequent payments to the property owner.

If the property owner doesn’t agree with the decision, they have the right to appeal. At this point, an eminent domain attorney can step in to guide owners through appeals.

Sometimes, the law allows the government to continue taking the land. Other times, it leads to inverse condemnation, which questions whether the eminent domain was applied unfairly, especially if owners aren’t given just compensation.

Given these intricate steps, you’ll want an eminent domain attorney in North Carolina by your side. With their expertise, navigating the process is more manageable.

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 most common types of cases in the state.

Easements

Easements are often a contentious topic in North Carolina. These are typically non-possessory rights granted to entities, like utility companies, to use a section of a property owner’s land for a specific purpose.

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 prime reasons private property is taken under eminent domain. When the government deems a piece of land crucial for public transportation or to alleviate traffic, they can move to acquire it. However, this doesn’t mean property owners should simply comply.

Ensuring they receive just compensation for their land, especially if it has sentimental or historical significance, is where an eminent domain attorney in North Carolina can be invaluable.

Public Buildings & Parks

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 you’re being shortchanged in the process, it might be time to speak to an eminent domain attorney.

Water Reservoirs

Just as with roadways, increasing population demands can require the government to construct or expand reservoirs. If your land is near water bodies, you might be in the crosshairs. 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.