The firm’s attorneys offer eminent domain representation and estate services throughout the state of North Carolina.
Eminent Domain
Understanding Eminent Domain Matters in North Carolina
When the government needs private property for public use — such as building highways, schools, or utility projects — it has the legal power to take that property under a process called eminent domain. While eminent domain is a lawful tool for advancing public projects, it can significantly impact property owners. Understanding your rights in North Carolina is essential to ensure fair treatment and just compensation.
What Is Eminent Domain?
Eminent domain is the legal authority that allows government entities — including cities, counties, and state agencies — to acquire private property for public purposes. In North Carolina, this power is granted by both the state constitution and various statutes, such as N.C. Gen. Stat. § 136 and N.C. Gen. Stat. § 40A, which govern the condemnation of property.
Importantly, the Fifth Amendment of the U.S. Constitution (applied to states through the Fourteenth Amendment) ensures that property owners are entitled to “just compensation” when their property is taken.
When Is Eminent Domain Used?
Common situations where eminent domain is applied include:
- Highway or road construction projects
- Utility lines and pipelines
- School, hospital, or government building projects
- Urban redevelopment or public infrastructure improvements
Even though the government has the legal authority to acquire land, the law requires that property owners receive fair value for their property.
Your Rights as a Property Owner
North Carolina property owners have several rights under eminent domain law, including:
- Notice of Condemnation: The government must notify you of its intent to acquire your property and provide information about the process.
- Right to a Fair Appraisal: Property must be appraised, and you are entitled to know the appraised value.
- Negotiation Before Filing: You may negotiate with the condemning authority to reach a voluntary sale before formal proceedings.
- Right to Contest: If you believe the taking is unjust or the offered compensation is insufficient, you can challenge the government in court.
- Just Compensation: Compensation is based on the fair market value of the property at the time of taking. This can include the value of the land, buildings, and other improvements.
Challenges in Eminent Domain Cases
Eminent domain matters can become complicated. Some common disputes include:
- Disagreement over the fair market value of the property
- Questioning whether the property is genuinely needed for public use
- Loss of business income or profits due to the taking
- Damages to the remainder of the property when only part of a property is acquired
- Loss of parking or access to a property
Navigating these disputes requires careful legal strategy and an understanding of property law and valuation principles.
How an Attorney Can Help
An experienced North Carolina attorney can assist property owners by:
- Reviewing the condemnation notice and evaluating your rights
- Negotiating with the government for higher compensation
- Challenging the taking if the proposed use is not truly public
- Filing claims for additional damages, such as loss of business or relocation costs
- Representing you in court proceedings if the matter cannot be resolved through negotiation
Having legal representation ensures that your interests are fully protected and that you receive the compensation you deserve.
Final Thoughts
Eminent domain is a powerful government tool, but it does not leave property owners without recourse. Understanding your rights and taking prompt action is critical in securing fair treatment and just compensation.
If you have received a notice of condemnation or are facing an eminent domain matter in North Carolina, Lohr Law Firm is here to help. Our attorneys guide property owners through every step of the process, from negotiation to litigation, ensuring your rights and property are protected.
Contact Lohr Law Firm today at (919) 348-9211 or evan@lohrnc.com to schedule a consultation and discuss your North Carolina eminent domain case.
Estate Services | Comprehensive Estate Planning, Probate & Administration
Planning for the future—and managing the estate of a loved one—can feel overwhelming without experienced guidance. Our firm provides comprehensive estate services designed to protect your assets, honor your wishes, and give you and your family confidence at every stage of life.
Whether you need help drafting an estate plan, administering a loved one’s estate, or navigating complex probate matters, we are here to deliver personalized legal support and clear, practical solutions.
Our Estate Services
We offer a full range of estate planning and estate administration services to meet the unique needs of individuals, families, and fiduciaries throughout North Carolina.
1. Estate Planning
A well-crafted estate plan ensures your assets are distributed according to your wishes, minimizes potential conflicts, and protects your loved ones. Our estate planning services include:
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Wills & Codicils
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Revocable Living Trusts
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Irrevocable Trusts
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Powers of Attorney (financial and healthcare)
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Advance Directives / Living Wills
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Asset protection strategies
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Estate tax planning
We take the time to understand your goals, explain your options in plain language, and create a tailored plan that reflects your values and priorities.
2. Probate & Estate Administration
Losing a loved one is difficult enough without the added stress of handling legal and financial responsibilities. We help executors, administrators, and families navigate probate and estate administration efficiently, respectfully, and in full compliance with North Carolina law.
Our probate services include:
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Filing estate documents with the Clerk of Superior Court
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Identifying and valuing assets
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Notifying creditors and resolving claims
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Managing estate taxes and final income tax filings
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Distributing assets to heirs and beneficiaries
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Preparing final accountings
Whether the estate is simple or complex, we provide guidance at every step to ensure nothing is overlooked.
3. Trust Administration
Trusts can be powerful tools for protecting assets, minimizing taxes, and providing for loved ones. But trustees often need support to meet their fiduciary responsibilities.
We assist with:
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Interpretation of trust documents
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Asset management and distribution
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Recordkeeping and accounting
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Trustee compliance and guidance
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Resolving beneficiary disputes
Our goal is to help trustees fulfill their duties confidently and transparently.
4. Estate Litigation & Disputes
Even with thorough planning, disputes sometimes arise. Our firm represents clients in a wide range of estate and trust conflict matters, including:
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Will contests and caveats
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Undue influence and incapacity claims
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Elective share disputes
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Breach of fiduciary duty claims
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Trust interpretation and modification proceedings
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Beneficiary disagreements
We approach litigation strategically, working to protect your interests while seeking efficient, cost-conscious resolutions.
5. Business Succession Planning
For business owners, a strong estate plan should also include preparing your company for the future. We help clients create strategies for:
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Transferring ownership
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Minimizing tax consequences
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Protecting family interests
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Ensuring continuity of operations
Your business represents years of hard work—planning ahead helps safeguard its legacy.
Why Choose Our Firm for Estate Services?
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Personalized Legal Guidance: Your needs are unique; your estate plan should be too.
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Clear Communication: We explain your options in understandable terms so you can make confident decisions.
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Experienced Support: Whether planning ahead or navigating a loved one’s estate, we guide you every step of the way.
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Compassionate Representation: We know estate matters can be emotional. Our approach is respectful, supportive, and solutions-focused.
Start Planning Your Future Today
Whether you are planning your own estate or handling the affairs of someone who has passed, having a knowledgeable attorney by your side can make all the difference.
📞 Contact us today at (919) 348-9211 or evan@lohrnc.com to schedule a consultation.