EMINENT DOMAIN—OUR RESULTS SPEAK FOR THEMSELVES
Our Results Speak
Our eminent domain practice arises from our real estate and business law practices, which give us a valuable understanding of property valuations, property rights and business.
Our experience is extremely valuable when we negotiate with the government on your behalf. Condemnation cases can take time to resolve. It’s not like selling a house, a lot, a farm or any other piece of property. Negotiating with the government is not like working with a normal buyer.
Hendrick Bryant’s attorneys have resolved more than 500 condemnation cases across North Carolina resulting in more than $300,000,000 paid by N.C. DOT*.
As your attorneys, we will advocate on your behalf on issues such as
- Fair market value of property taken, as well as impact on improvements, fixtures and equipment
- Cost to relocate property, access, and road design
- Utility easements
*Prior results are no guarantee of future results; each case has its own facts and circumstances.
N.C. DOT offer: $18,325
N.C. DOT offer: $56,650
THE GOVERNMENTS’ POWER TO CONDEMN THROUGH EMINENT DOMAIN
We give our government immense powers including that it may take our property – the power to condemn by eminent domain.
Ownership of property is a cornerstone of our system of government and community. Property carries with it the right to freely use, enjoy, possess, and dispose of it. These attributes are fundamental rights all citizens have which our courts are to safeguard and defend. Anything that destroys one of attributes destroys the property.
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.