Eminent Domain: The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions ofpublic character, following the payment of just compensation to the owner of that property.
Just Compensation: U.S. Constitution, Fifth Amendment: “nor shall private property be taken for public use, without just compensation.”
Inverse Condemnation: Out of all the law firms that handle condemnation cases in North Carolina, it was the attorneys at Hendrick Bryant Nerhood Sanders & Otis, LLP who first challenged the North Carolina Department of Transportation in the ground-breaking constitutional cases over whether the Transportation Corridor Official Map Act N.C.G.S. 136-44.50 (“Map Act”) violates the U.S. and N.C. constitutions. On February 17, 2015, the North Carolina Court of Appeals ruled that the land owners were right, that their property was taken when the Map Corridors were filed. This was a huge victory for the property owners. Matthew Bryant at Hendrick Bryant Nerhood Sanders & Otis, LLP argued the case from the trial level through the appellate courts.
In the Court of Appeals unanimous decision, the Court concluded: “We remand this matter to the trial court to consider evidence concerning the extent of the damage suffered by each Plaintiff as a result of the respective takings and concerning the amount of compensation due to each Plaintiff for such takings.”
If you’ve received a Notice Letter from the government that your property has been taken or you have been served with papers of a condemnation of your property, call Hendrick Bryant to handle your condemnation needs.
“Additionally, we note that the relief sought by Plaintiffs in their respective complaints was: for the recovery of damages suffered when NCDOT exercised its power of eminent domain against their properties by recording the transportation corridor maps pursuant to the Map Act; for NCDOT to be compelled to purchase Plaintiffs’ properties; and for recovery of fees, costs, taxes, and interest.”
The attorneys at Hendrick Bryant represent over 250 property owners and has special 2.1 judges appointed to hear these special cases.
Call Matthew Bryant at 336-723-7200 to begin your NC property condemnation representation.