Kirk, Kirk, Howell, Cutler & Thomas is one of North Carolina’s premier land condemnation law firms, concentrating in cases of eminent domain for more than forty years. The firm has successfully concluded condemnation matters against both public and private condemnors across the State.
Land condemnation is the legal process by which the government or a private condemnor such as a public utility uses its power to take or damage private property for the purpose of public use upon payment of “just compensation.” Property owners are often unaware of their legal rights in land condemnation cases.
Unwanted Condemnation
At times, condemned property owners will have a basis to challenge the condemnation but there are minimal grounds to prevent condemnation of property if the taking is for “public use.” The government’s authority to declare development projects as “public use” has been interpreted broadly by the Courts to favor condemnation. “Public use” projects include, but are not limited to, roads, highways, airports, schools, parks, housing projects, public or municipal buildings. North Carolina laws grant various government agencies the power to condemn land. These agencies include the Department of Transportation, airport utilities, cities and school districts.
“Just Compensation”
In land condemnation cases, property owners are by law entitled to “just compensation.” Condemnation compensation must be based on the fair market value of the property taking into account its highest and best use, not necessarily its current use. Consequently, a property owner can contest the amount of the government’s original offer and attempt to establish a more substantial fair market value. Property owners always possess the legal right to maximize their compensation. With the assistance of a seasoned eminent domain attorney, land owners of condemned property many times receive higher – and at times significantly more – compensation than was originally offered.
The Condemnation Process
Before your property is condemned, you will be contacted by the condemning government agency. Typically, the condemning agency’s offer to you is based upon appraisals of your property by the agency’s own in-house or hired appraisers. You are not required to accept the condemnation authority’s initial offering and doing so may forfeit your right to a future judgment regarding your property. It is at this point that the lawyers of Kirk, Kirk, Howell, Cutler & Thomas are often called upon to begin representation of condemnation clients. The firm takes on your condemnation matter, arms itself with the opinions of independent, qualified experts in real estate values, and attempts to negotiate fair compensation to you. If the matter cannot be resolved, the firm is fully capable of representing your interests through the trial process.
Terms of Representation
Kirk, Kirk, Howell, Cutler & Thomas typically represents clients on the basis of a percentage of the amount of recovery in condemnation cases. This means that you do not pay an attorney fee unless the firm receives a recovery for you. The firm’s lawyers are happy to explain to you the terms of representation for your particular case at the outset so that you feel comfortable that your decision to hire the firm is a good one.
Non-Condemned, but Affected Property
Property that is not condemned, but is adversely affected by a development project is referred to as “inverse condemnation.” Property owners who are negatively impacted by an inverse taking – for example, a highway project blocking traffic access to a business – may be entitled to compensation for losses even though the agency causing those losses does not formally “take” any property. The lawyers at Kirk, Kirk, Howell, Cutler & Thomas possess substantial experience in inverse condemnation cases.
Seeking Legal Guidance
It is best to contact an attorney specializing in eminent domain at the first indication that your property may be affected by a development project. Planning ahead can help ensure you receive the compensation you deserve. Several actions can be taken before you are contacted by the condemnation authority such as having your property appraised to get a better understanding of its value, making sure your name is on the property title and, in some cases, applying for rezoning to raise the value of your property.
An experienced eminent domain attorney can help achieve the case outcome you deserve. If you think your property may be affected by development, contact Kirk, Kirk, Howell, Cutler & Thomas as soon as possible.
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1. Will I receive proper notice of the government’s intent to acquire my property?
Usually, yes. In some cases, a government agency, such as a highway department, makes a decision without public discussion about where to locate a road and which properties are to be taken. In other cases, the local legislative body, such as the municipal board of council, may make the decision at an open meeting. Ordinarily, there is no process by which an owner may participate directly in the decision to acquire property. However, in our experience landowners are typically notified by a government agency or utility once a decision to take has been made for the purpose of negotiating a price for the taking. It is at this point that we recommend you get an experienced condemnation attorney involved.
2. Should I get an appraisal?
An appraisal is an opinion of value given by an expert, typically a professional real estate appraiser. It is usually a good idea to obtain an opinion of value by a person with knowledge, such as a professional appraiser or real estate broker. Our law firm typically enlists the help of a qualified appraiser as a usual first step in your case. This will help you and your lawyer to determine the appropriate value to be put on your real estate, whether in negotiations with the government or in court.
3. Will the government take all of my property?
Often, particularly in transportation-related acquisitions, the government may take only a portion of the property, such as a certain number of feet adjacent to a right of way for a roadway widening. In such a case, the government must pay not only for the amount of property actually taken, but for the damage occurring to the remainder of the property. Frequently, the remainder of the property will become less valuable because of the loss of the part taken, such as because of loss of access or because the remaining property is less useful than it was prior to the taking.
