with eminent domain,
experience matters.
results matter too.
Are you facing a condemnation
claim against
your property?
Call the attorneys at Hendrick Bryant Nerhood Sanders at 336-723-7200 to represent you.
Hendrick Bryant Nerhood & Sanders, LLP was the only law firm willing and insightful enough to challenge the North Carolina Department of Transportation in its two-decade long use of the Transportation Corridor Official Map Act (“Map Act”) to restrict North Carolina citizens’ property rights. In the landmark constitutional property rights case of Kirby v. NCDOT, Hendrick Bryant took a single client’s condemnation problem and grew that case into an eight county, 500+ case court battle that -after numerous successful appellate and court rulings – resulted in more than 500 of clients getting finally and fairly paid by NCDOT.
We have analyzed and resolved cases of all kinds, sizes, impacts and situations: houses, rental properties, apartments, shopping centers, churches, farms, office buildings, retail stores, restaurants, car lots and, subdivided vacant building lots. Our cases include those where a client’s entire property was taken, “partial takes” in which only part of the property was claimed or ruined (like a parking lot or piece of a yard), and cases where easements were taken (like for gas, water, or power lines).
You only get one chance to sell your property to the government. That’s important enough to repeat: one chance. It is imperative you are fully informed and represented so that you can be fairly and fully compensated.
We fight for our property owners, and we will fight for you.
THE GOVERNMENTS’ POWER TO CONDEMN THROUGH EMINENT DOMAIN
our government has
three
We give our government immense powers including the ability to take our property – the power to condemn by eminent domain.
On one hand, ownership of property is a cornerstone of our system of government and community. Property owners have the right to freely use, enjoy, possess, and dispose of that property. These attributes are fundamental rights all citizens have, and our courts must safeguard and defend them. Anything that destroys even one of these attributes destroys the value of the property.
On the other hand—and this must be held in tension with YOUR property rights—our government is granted the right to take private property for public use in exchange for the payment of just compensation. This right is set forth in the Fifth Amendment of the United States Constitution and in our North Carolina state constitution “Law of the Land” clause.
In North Carolina, if the state or local government has determined that your property is required for a public good – power lines, a school, a road, highway, or airport – the governmental agency will contact the owner to attempt to negotiate a purchase price. If negotiations are unsuccessful, the government will file a condemnation action in the Superior Court, deposit a sum of money it has determined (in its sole evaluation) and take title to your property. The owner then has one year to answer and contest the value of the property interest taken by the government.
condemnation:
A condemnation is the legal process by which the government or public utility (North Carolina or a local city or county, or Duke Power) takes title to property of a private owner. The taking must be for a public purpose. Many times, the owner and condemning authority negotiate a price before formal legal proceedings are filed. If the owner does not agree with the government’s offer, the government must file a condemnation lawsuit to take the property. When it files this lawsuit, the government must deposit what it contends is the just compensation for the property and that deposit then transfers title to the area taken to the government. The owner has the right to contest the government’s opinion of just compensation and ultimately present its opinion on the value of just compensation to a jury.
What is a
condemnation case?
Just Compensation is the full and perfect equivalent in money of the thing taken by the government. It is intended to be a sum of money that place the owner in as good a position as if the taking had never occurred. The legal system calls that “making the owner whole.”
inverse condemnation:
Remember? You must be able to freely use, enjoy, possess, and dispose of your land. But if a public entity takes away one of those fundamental rights but does NOT purchase your property, a property owner must consider an inverse condemnation. A property owner can file a cause of action against a governmental defendant to recover the value of property which has been taken in fact by the governmental defendant, even though no formal exercise of the power of eminent domain has been attempted by the taking agency.
Inverse condemnation forces a governmental body to exercise its power of condemnation, even though it may have no desire to do so. In other words, it forces it to purchase your property or pay for the damage done even if it no longer wants or needs it. Inverse Takings Claims May Include Physical Intrusion onto Property, Regulatory Interference, And Substantial Interference With An Owners’ Property Rights Brought On By The Government Action Directed At The Property.
Call the attorneys at Hendrick Bryant Nerhood Sanders at 336-723-7200 to represent you.
HENDRICK BRYANT’S
ATTORNEYS ARE READY
TO GO TO WORK FOR YOU
You might think you can take on the government alone. But the truth is, most people don’t have the time, professional knowledge or personal detachment needed to best negotiate on their own behalf.
We know how the government works and what the law allows. And our staff is prepared to work diligently on your behalf.
know the answers to the
Commonly asked questions
Your Title Goes Here
What is eminent domain?
Our government is granted the right to take private property for public use in exchange for the payment of just compensation. This right is set forth in the Fifth Amendment of the United States Constitution and in our North Carolina state constitution “Law of the Land” clause.
What is a condemnor?
A public entity that has determined it needs your property and files an action to enforce and take all or part of it.
What is condemnation?
A condemnation is the legal process by which the government or public utility (North Carolina or a local city or county, or Duke Power) takes title to property of a private owner. The taking must be for a public purpose.
Who can take my property?
A public entity like the North Carolina Department of Transportation, a public utility like Duke Energy, or a local city or county
Your Title Goes Here
What happens when the condemnor takes my property?
The party that condemns your property must pay you fair compensation.
What is a Complaint?
Editable text
What is a Summons?
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How much does the condemnor have to pay me?
Great question! Often the agency or government entity will go with a low appraised value. Good for the taxpayers as a whole, but bad for YOU.
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