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 eminent domain case.