QUESTIONS & ANSWERS
Condemnation & Eminent Domain FAQs
- What is Condemnation and Eminent Domain?
- When should I consult with an attorney?
- What can you do to protect your legal rights?
- How do you pay for a condemnation lawyer?
What is Condemnation and Eminent Domain?
Condemnation or eminent domain simply means that the government (the State, County or City) is taking private land for a public purpose. Usually the government is taking full ownership of the property, but there are times when the government takes a lesser interest in the land, such as a utility easement or a temporary construction easement. The most common uses of property taken by eminent domain are for public utilities, road widening, highways, and railroads, but the government may take private land for any "public use" including, parks, greenways, airports, prisons etc. The laws of North Carolina require that the government pay you "just compensation" for your land. The law also requires that the government offer to purchase the property before resorting to the use of a legal action to take the land.
When should I consult with an attorney?
The first offer from the government is almost always far less than fair value for your property, and you are wise to consult with an experienced attorney before you even consider any offer from the government. Call us as soon as you receive notice that your property is to be taken, and we will provide a free initial consultation to answer your questions and help you decide how best to proceed.
What can you do to protect your legal rights?
Our experienced attorneys can work with you to help you receive what is truly fair value for the loss of your land. If negotiations prove unsuccessful, then the government will file a lawsuit to take the land. In most cases the only thing to be decided when a condemnation action is filed is the amount of just compensation, although in some cases the government's right to take your land may be challenged on the grounds that the taking is not for a valid public use, or has not been properly authorized by the law. Our legal team has been successful in handling cases for individual property owners as well as national retailers, local malls and shopping centers, who have had land taken by the government. In some cases we have been able to limit the impact of the taking, but in every case we have made every effort to help our client be fairly compensated for the taking.
How do you pay for a condemnation lawyer?
Our initial consultation regarding your land condemnation is absolutely free. Even if you retain our services, you will get to keep every penny of the government's initial offer on your property interest. In other words, you have nothing to lose and everything to gain! Once you retain our services, then you will have a choice of how to pay for our legal counsel. In most cases the only issue is how much money the government should pay you for your property. If that is true in your case, then you can choose to pay us a portion (usually one-third) of the amount you receive over and above the initial offer from the government. The amount of the initial offer is typically deposited with the court for safe keeping until disbursed to you. We will earn our fee from any additional monies we obtain for your property. The amount of the initial offer will ultimately be yours to keep, and as we work with you to obtain fair value for your property, we will earn our fee which will be paid out of the additional sum we obtain for you. If you choose to challenge the government's right to take your property or if there are competing property interests at stake (for example, if you or someone else holds a leasehold interest in the property), then we will work at our standard hourly rates to represent your interests against the government and/or competing property owners.
For a list of ongoing projects by area governmental authorities, visit these sites:
