What is Eminent Domain?
Eminent domain is the power given to government entities and utility companies, which are known as “condemnors” to take your property for certain listed purposes if that taking is for the public use or benefit. The exercise of eminent domain is also commonly referred to a “taking” or “condemnation”.
Can the government really take my property?
Yes, but only if the taking is for a public use or benefit and falls within one of the specified criteria set forth in Chapter 40A of the N.C. General Statutes.
Is there anything I can do to stop it?
Sometimes, but only if it is determined that the government’s attempt to take your property is not for the public use of benefit or is not for one of the permissible purposes. We can help you determine whether condemnation is permissible in your particular situation, and when it is not permissible, we can help you stop it.
What are my Rights?
Property rights are some of the most fundamental rights we have as citizens. Property rights include the right to purchase, own, and sell real estate and to exclude others from it. Thus, when the government attempts to take or use our property, we are entitled to compensation for the property taken or used.
What is Just Compensation?
Just compensation is a term to identify the amount of money you are entitled to when the government takes your property.
How is Just Compensation Determined?
Under North Carolina law, just compensation is determined to be either the difference in the fair market value of your property as measured before and after the taking; or the fair market value of the property that was actually taken, whichever is greater.
Who determines what is Just Compensation?
Generally, a property owner is able reach a value they determine is fair through negotiation with the condemnor. When the parties cannot reach an agreement, it is up to a jury or a judge to determine the fair market value of the taking.
Will I have to go to court?
If negotiation fails to produce a fair value for your property, it may be necessary for you go to court to discuss your property with either a judge or jury. Don’t worry though, in the event that occurs, we’ll make sure you are ready.
Protect Your Rights Today!
The government is required to make you an offer, that in the government’s eyes is fair. That doesn’t mean that the offer is actually fair. Let us help you make sure your rights are being protected.