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North Carolina Eminent Domain Procedure

 

north-carolina-eminent-domain-procedure

In the state of North Carolina, eminent domain[1] is defined as the power to divest right, title, or interest from the owner of the property and vest it in the possessor of the power against the will of the owner upon the payment of just compensation for the right, title or interest divested.  

What Should a Landowners Do After Receiving a Notice?

If a landowner receives notice that their land is being taken, there are time limits for when they must take legal action depending on who or what entity is condemning the land. The notice is known as a “condemnation complaint” and the document will state why the property is being taken, how much is being taken, and how much it is believed to be worth. Pursuant to North Carolina eminent domain law, a landowner must take legal action within these time limits if a condemnation complaint is filed by one of these agencies:

– North Carolina Department of Transportation (NCDOT)[2]

If the NCDOT is condemning the property, the landowner must file an answer to its condemnation complaint within 12 months.

– North Carolina Department of Administration (NCDOA)[3]
– Local Governments (cities and counties) or Railroads, Utilities and Pipelines (power, water, sewer, etc.)

If the NCDOA or a local public condemnor is seizing the property, the landowner must fhttps://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_40A/GS_40A-3.htmlile your answer within 120 days.  In the case of a private condemnor, a property owner may have to respond in as few as 10 days before the Clerk of Court appoints commissioners.

Inverse Condemnation in North Carolina

When land is taken or damaged and the landowner has not been served a complaint or declaration, 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[4] within 24 months of the date the affected property was taken or the completion of the project involving the taking, whichever is later, although there are exceptions to this rule.

Contact an experienced North Carolina eminent domain lawyer for assistance

Many people do not understand the intricate laws concerning eminent domain.  If you receive a condemnation notice, determining the amount of compensation to which you are entitled can be complicated and the skilled North Carolina eminent domain attorneys at the law office of Sever Storey, LLP can assist you in calculations, negotiations, and more. Please call today at 888-318-3761 for help.

References:

[1] https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_40A/GS_40A-2.html
[2] https://www.ncdot.gov/Pages/default.aspx

[3] https://ncadmin.nc.gov/
[4] https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_136/GS_136-111.html

 

COMMERCIAL PROPERTY

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POWER & PIPELINES

Landowners forget this one thing when dealing with utility companies that want an easement across their land.

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ROAD & REDEVELOPMENT TAKINGS

What you need to know to be treated fairly by the condemning authority.

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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

* DIsclaimer: Form submission doesn’t constitute a client-attorney relationship/contract.
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