Eminent Domain Attorneys in Raleigh, NC

The Process of Eminent Domain in North Carolina

Much of the cases our eminent domain attorneys work on are with the North Carolina Department of Transportation (NCDOT) 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, it’s important to connect with a Raleigh land condemnation attorney 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 a Raleigh land condemnation attorney 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 uncertainties about their future, disruptions to their livelihoods, and challenges in finding suitable alternatives. 

Additionally, the compensation offered by the federal government may not always reflect the true value of the property or adequately compensate for the losses incurred. As such, it is crucial for property owners facing land condemnation to understand their rights against the taking authority and the options they have under the law.

Potential Defenses Against Land Condemnation

Facing the prospect of losing your property to North Carolina eminent domain can be overwhelming, but it’s important to remember that you have options. There are several potential defenses that your eminent domain attorney can utilize to challenge the condemnation action of your land.

Challenge the Necessity of the Project

One of the primary defenses against land condemnation is to challenge the necessity of the infrastructure projects for which your property is being acquired. This involves questioning whether a project truly serves a public benefit and whether there are feasible alternatives that would avoid the need for 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 for compensation you receive for your property should be based on its fair market value at the time of the taking. However, government appraisals may not always accurately reflect the true value of the property. You have the right to present evidence and arguments to support more compensation. This can include recent sales of comparable properties or expert testimony from appraisers.

Assert Regulatory or Procedural Violations

Property owners can also assert defenses based on regulatory or procedural violations by the condemning authority. This may include failure to follow proper procedures, violations of zoning or land use regulations, or other legal errors in the condemnation process.

Explore Governmental Immunity Limitations

In some cases, governmental immunity may limit the government’s ability to condemn certain types of property or interfere with certain property rights. For example, certain historical or cultural properties may be protected from condemnation under state or federal laws.

Seek Injunctive Relief

In certain circumstances, property owners may be able to seek injunctive relief to halt or delay the department of transportation or other government entity from seizing your property. This may be appropriate if there are legal or factual issues that need to be resolved before the condemnation can proceed, or if irreparable harm would occur if the property were condemned.

Understanding Inverse Condemnation

Inverse condemnation occurs when the government takes private property without paying compensation to the property owner, so the owner has the legal right to sue the agency. It’s called “inverse” because the plaintiff and defendant are switched – in a traditional eminent domain case, the government is the plaintiff, but in an inverse condemnation case, the private property owner is the plaintiff.

Typically, a property owner can sue in the event of:

• • Physically seizing property without providing just compensation,

• • Reduction of value to the extent that the property is no longer commercially viable, or

• • An illegal quid pro quo (e.g. the state refuses to give the owner a building permit unless the owner gives the state an easement).

Your eminent domain attorney will look at the circumstance surrounding how the government built on your property, claimed it for other use, or negatively impacted the property economically and work for you to ensure you are properly compensated.