Eminent Domain Attorneys In North Carolina
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.
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.
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.
Should You Fight Your North Carolina Eminent Domain Case?
Although it may be overwhelming to figure out your next steps after receiving an eminent domain notice, you must remember your rights as a property owner and remind yourself that you can fight for them.
Condemnation brokers sometimes scare property owners unfamiliar with the process into accepting low-ball offers. If you don’t have a lawyer representing you, you 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 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.
Case Results
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
Frequently Asked Questions
Eminent Domain Projects In North Carolina
Southeast Supply Enhancement
The Transco pipeline expansion will add 1,592M dekatherms/day capacity by late 2027, delivering reliable gas to VA, the Carolinas, GA, ...
Wilkinson Rd Widening
Widen Williamson Rd to four lanes from Brawley School Rd to NC 150.
US 64 Brevard Improvements
Improve access management along U.S. 64/U.S. 276 from Fortune Cove Road to U.S. 64 Business (North Caldwell Street) in Brevard.
US 19/129 Improvements
Proposed improvements to U.S. 19/129 from the Georgia state line to U.S. 64/74 in Cherokee County. The purpose of the project is to imp...
Sr 2500 Improvements / Blue Ridge Road
The plan for this project is to Convert the existing grade change into an interchange.
SR 1577 Widening
Widening of Archdale Road (S.R. 1577 / S.R. 1004) from Robbins Country Road (S.R. 1567) to North Main Street (S.R. 1009) from existing ...
SR 1237 Improvements
Improvements to Carthage Street (S.R. 1237) from Fire Tower Road (S.R. 1152) to U.S. 1 Business/N.C. 42 (Wicker Street) in Sanford.
SR 1170 Improvements
Realign and extend White Street (S.R. 1170) from Willow Road (S.R. 1171) to U.S. 176 (Spartanburg Highway).
NC 73 Widening
Widen N.C. 73 from Davidson-Concord Road in Mecklenburg County to U.S. 29 (Concord Parkway North) in Cabarrus County to improve traffic...
NC 62 Improvements
Improve N.C. 62 near the interchange with I-85 and realign the intersections of N.C. 62 and Kersey Valley Road and Weant Road in Archda...
NC 55 Widening
Widen NC 55 from South of SR 1532 (Oak Grove Church Rd) to NC 42.
NC 49 Corridor Improvements
N.C. 49 from John Kirk Drive to I-485, realigning Back Creek Church Road, and closing the existing Back Creek Church Road at-grade cros...
NC 211 Widening
Improvements to approximately 15.4 miles of N.C. 211 between U.S. 15/501 in Aberdeen and east of West Palmer Street (S.R. 1244)/Mocking...
NC 107 Expansion
NCDOT has plans to add a 17.5-foot grass median and 5-foot bike lanes along NC 107 to the NC 116 intersection.
NC 105 Widening
Widen 4.5 miles of N.C. 105 between Foscoe and Boone as well as replace the Watauga River bridge on N.C. 105 in Boone.
Murchison Rd
This project plans to widen from NC 210 (Murchison Rd) from I-295 to US 401 Bypass.
Johnson St/Sandy Ridge Rd
Improvements to Johnson Street/Sandy Ridge Road between I-40 and Skeet Club Road in the city of High Point
East Durham Railroad Safety & Improvement Project (P-5706)
Straighten existing railroad curvature between CP Nelson and CP East Durham and includes a combination of grade separations and closure...
Camden Rd
Camden Road Proposed Improvements from Future I-295 to Hope Mills Road.
Brevard Rd
This project plans to widen the road from SR 1180 (Blythe St) to SR 1173 (White Pine Dr).
Big Mill Farm Rd
US 421 / Business 40 TO NC 66 (West Mountain Street). Widen Big Mill Farm Rd and SR 2659 (Hopkins Rd) and contruct interchange at US 42...
Asheville I-26 Connector
I-26 Connector, from I-40 to US 19/US 23. New Multi-Lane Freeway
NC 210 To US 17 Bypass Hampstead
A large bypass project proposed by NCDOT around Hampstead, North Carolina including work in Pender and Hanover Counties.
Winston-Salem Northern Beltway
A 34.2-mile new road running from US 158 southwest of Winston-Salem to US 311 southeast of the city.
NC Highway 3 Kannapolis
A road widening project in Kannapolis, NC to widen Mooresville Rd to four lanes with a median, sidewalks, curbs, and gutters.
NC Highway 119 Mebane
Relocation of a portion of NC 119 from Interstate 85/40 to Mrs. White Lane in order to reduce congestion in Mebane.
Liberty Road I-40 Interchange
A new interchange at I-40 and Liberty Rd in Candler. Also realigning Liberty Rd between Smokey Park Hwy and Monte Vista Rd.
Horse Pen Creek
Widening Horse Pen Creek Road in Greensboro, NC to four lanes of travel including sidewalks and dedicated bike lanes.
Evans Street Old Tar Road Widening
NCDOT plans to widen Evans Street/Old Tar Road in Pitt County to four lanes, affecting many landowners along Evans Street.
C.F. Harvey Parkway Extension
Extending C.F. Harvey Parkway (N.C. 148) from NC58 to NC11 north of Kinston to improve connectivity in between US70, NC58 and NC11.
North Carolina Eminent Domain Projects
This road widening project in Gaston County, NC plans to widen about 1.3 miles of N.C. 273 to a four lane, median-divided roadway.
321 Widening From Hickory To Lenoir
13.9 miles of road widening from just north of US70 in Hickory to Southwest Boulevard in Lenoir affecting 5 municipalities & 3 counties.
15th Street Improvements Beaufort County
Road improvements and widening for 1.8 miles of 15th Street in Washington – from west of U.S. 17 Business (Carolina Avenue) to U.S. 264
US 64 Asheboro Bypass & Zoo Connector Project
Two proposed projects in the Asheboro, NC area that would improve the traffic flow on US64 and improve access to the North Carolina Zoo.
Mccleansville Rd, And Rr Grade Project – Mccleansville
Part of a series of improvements to increase railroad capacity, efficiency, and safety to the NC Railroad between Raleigh and Charlotte.
Greensboro Urban Loop
The project involves constructing a four-lane freeway from US 70 to Bryan Boulevard, north of Greensboro.
Atlantic Coast Pipeline
The proposed Atlantic Coast Pipeline (ACP) is an interstate natural gas transmission pipeline that would serve Virginia and North Carol...
Contact Us To Get The Best Eminent Domain Attorney Available
With over fifty years of combined legal experience, you can rely on Sever Walker Padgitt when dealing with eminent domain. You’ll be dealing with eminent domain specialists when you choose us because our entire firm focuses on this area of law.
If you have any questions for our North Carolina eminent domain lawyers or would like a free consultation, contact us online or at 888-318-3761 to reach our legal team.
Contact Us
Before going alone against the State let us give you our opinion. It is our pledge that we will 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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