Eminent Domain Attorney in Catawba County
If you live in Mooresville or Catawba County, NC, you’ve probably seen the ongoing road construction taking place along NC 150. Due to increased traffic, NCDOT has planned to widen the 15-mile stretch of NC 150, where the first phase of the project began in Mooresville at the I-77 and NC 150 interchange and over Lake Norman, and the second phase picks up at the Catawba County line and ends at the NC 16 Bypass.
While the end result of this project will add convenience for many commuters and travelers, many property owners will be impacted in Catawba County. Beginning in 2023, right of way acquisition begins, meaning if your property lies along where construction will be taking place, you may be at risk of having your land or a portion of your land, seized for use. If you are contacted by a right of way representative from the State of North Carolina, it’s important to contact an eminent domain attorney right away so you can understand your rights and are more likely to receive a fair settlement.
What is Eminent Domain?
Eminent domain refers to the US or state government’s right to obtain property from private citizens as long as they are fairly compensated. In the past, property obtained via eminent domain could only be used for projects deemed to favor public good, but the Supreme Court Case Kelo v. City of New London determined that the government can also use eminent domain on behalf of private developers to further economic development or run utilities.
NCDOT projects are considered beneficial to the public good, therefore, a fair use of eminent domain. However, property owners still deserve fair compensation which is often not offered from the state, which is why it’s necessary to speak with an experienced eminent domain attorney can provide guidance and ensure that you are treated fairly.
What is Land Condemnation?
In an eminent domain case, land condemnation refers to the actual seizure of property. Basically, while eminent domain is the right to take land, land condemnation is the act of taking it (with fair compensation). This in no way refers to condemning land or property because it’s unsafe or hazardous.
What is the Eminent Domain Process in North Carolina?
In North Carolina, once a public project, like widening NC 150, is announced, they hold meetings that are open to the public. If your property is in the vicinity of a project, you can learn more about the project and if your property will be affected. If it’s determined that your property may be acquired under eminent domain, contact an attorney immediately to help guide you through the process.
Here’s what you can expect:
- The government will send an agent to inspect and appraise your property.
- An appraiser selected by yourself and your eminent domain lawyer appraises the property.
- The government will make an offer. Do not assume that the initial offer will be fair. The first offer will be based on an appraiser hired by the government,
- If the property owner and the government agree on compensation, the sale will move forward.
- If compensation cannot be agreed upon, eminent domain proceedings will begin.
Eminent Domain Proceedings
Eminent domain proceedings can occur without prior negotiations. Here’s how it works:
- The government initiates the eminent domain proceeding by filing a complaint and declaration of taking in the superior court of the county where the property is located.
- The property owner or NCDOT requests the appointment of commissioners within 60 days after the property owner files their answer to the complaint. The commissioners are disinterested property owners residing in the county.
- The commissioners will visit the property, hear testimony, and hold hearings to determine compensation.
- If the property owner is still not satisfied with the compensation, he or she can appeal within 30 days and the case will be heard by a jury.
Eminent Domain Resources for Landowners
The NCDOT does try to minimize the number of homes and businesses affected by its projects, mainly to help save money, but sometimes, it is unavoidable. Fortunately, the NCDOT offers relocation assistance for residents and businesses displaced by eminent domain as well as paying for their property. This assistance can come in the form of rent payments, moving costs, and paying for property storage, if necessary. An eminent domain lawyer can assist you in determining the type of assistance you are qualified to receive.
Eminent Domain Lawyer for Mountain Creek Property Owners
If your property lies along NC 150 between Lake Norman and NC 16, the NCDOT may acquire it using eminent domain, and you may eligible for more than simply the cost of your land. The experienced eminent domain lawyers of Kirk, Kirk, Howell, Cutler & Thomas, LLP will review your case and help you receive just compensation, as well as any related assistance funds in which you are entitled. In some cases, you may be eligible for compensation for business losses as well.
If you are contacted by a Right of Way agent regarding this project in Catawba County, call our law firm immediately at (919) 615-2473 or complete the form below to speak with us about eminent domain and land condemnation. We will guide you through the process and ensure that you are fairly compensated for your time, property, and any other associated costs.