Eminent Domain Attorneys in Raleigh, NC

The Process of Eminent Domain in North Carolina

Much of the cases our eminent domain attorneys in Raleigh work on involve the North Carolina Department of Transportation (NCDOT) and other agencies for road and infrastructure construction. The process generally follows this structure:

Step 1

First, the government agency will announce the project and the affected private property. Often, they will reach out to the landowner to let them know their property is in the area of public use, but they may not. As soon as you are aware that your property may fall under eminent domain or land condemnation, it’s important to connect with an eminent domain attorney in Raleigh immediately.

Step 2

Next, a government inspector will appraise the land and take their findings to the agency or department. They will review the report or information and create an offer to send to the property owners. As soon as you receive an offer, it’s important to show it to your attorney for review.

Our eminent domain attorneys always carefully evaluate every offer, making a point to not automatically reject the first offer. In fact, if the proposal is fair, we often recommend that clients accept it. An early settlement is usually in everyone’s best interests.

Step 3

If the initial offer is rejected, the next step is to work with an independent inspection and a professional financial appraisal. This appraisal usually looks at the whole financial picture. For example, if NCDOT wants to take part of your land to build a road, that taking might adversely affect the value of the remaining property.

During negotiations, if you choose to accept the offer, the case ends, you transfer the deed, and the matter is closed. However, if you choose to not accept the offer, the case moves forward.

If a Settlement Is Not Reached

At this point, the government agency has the right to take possession of the disputed land and place the financial compensation in an escrow account. If you choose not to contest the notice, the case is over. If you do contest the notice, the matter usually goes before an ad hoc commission. This commission reviews all the evidence, including the initial report and subsequent independent evaluation. The commission may also hear testimony from you and additional witnesses.

If the current owner accepts the commission’s conclusion, the case ends. If an eminent domain attorney in Raleigh files an appeal, the matter usually goes to trial.

Bear in mind that a settlement may occur at any time. As mentioned, settlement often happens rather early in the process. Other eminent domain matters settle almost literally on the courthouse steps right before trial begins.

Impact of Eminent Domain on NC Property Owners

For property owners in North Carolina, the prospect of land condemnation can have significant financial, emotional, and practical implications. Beyond the loss of property, owners may face uncertainty about their future, disruptions to their livelihoods, and challenges in finding suitable alternatives.

Additionally, the compensation offered by the taking authority may not always reflect the full scope of loss. For that reason, property owners facing eminent domain or land condemnation should understand their rights, the procedures the government must follow, and the options available under North Carolina law.

Potential Defenses Against Land Condemnation in North Carolina

Facing the prospect of losing your property to North Carolina eminent domain can be overwhelming, but you may have options. There are several potential defenses that an eminent domain attorney can use to challenge the condemnation action.

Challenge the Necessity of the Project

One potential defense in a land condemnation case is to challenge the necessity of the project for which your property is being acquired. This may involve questioning whether the project serves a public purpose and whether feasible alternatives exist that would avoid taking your property.

Contest the Valuation of Your Property

Another common defense is to contest the valuation of your property. The government’s initial offer should be based on fair market value at the time of the taking, but appraisals may not capture the full impact of the taking. You may have the right to present evidence supporting additional compensation, including comparable sales and expert testimony.

Assert Regulatory or Procedural Violations

Property owners can also raise defenses based on regulatory or procedural violations by the condemning authority. Examples can include failure to follow required procedures, errors in notices, or other legal issues that affect the condemnation process.

Explore Governmental Immunity Limitations

In certain situations, state or federal protections may limit a government agency’s ability to condemn specific property interests. For example, some historical or cultural protections may apply under state or federal law.

Seek Injunctive Relief

In some cases, property owners may pursue injunctive relief to halt or delay a taking while legal or factual issues are addressed. This may be appropriate when significant procedural problems exist or when irreparable harm could occur if the condemnation proceeds before issues are resolved.

Understanding Inverse Condemnation

Inverse condemnation occurs when the government takes or damages private property without paying compensation, which may allow the property owner to file a claim. It is called “inverse” because the roles are reversed, rather than the government filing an eminent domain case, the private property owner brings the claim.

Typically, a property owner may have a basis to pursue an inverse condemnation claim when there is:

• Physical occupation or seizure of property without just compensation
• A reduction in value so significant that the property is no longer commercially viable
• An unlawful quid pro quo (for example, conditioning a permit on granting an easement)

An eminent domain attorney can evaluate how the government action affected your property, whether through a direct taking, required easement, construction impacts, or economic harm, and advise you on potential compensation options.