Eminent Domain: The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.
If the government wants your property, initiates an action to condemn your property for a valid public purpose, the governmental entity has to pay you just compensation for your real property.
Just Compensation: U.S. Constitution, Fifth Amendment: “nor shall private property be taken for public use, without just compensation.”
The government has to pay you the value of your property. This is decided either by settlement between the parties or by a jury that determines the value of your property, including in certain instances, the best and highest use of your property.
Inverse Condemnation: This is when the government takes your property without the due process of the eminent domain laws and just compensation under the constitutions of North Carolina and the United States of America.
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. The property owners, via Matthew Bryant, condemnation attorney, argued this was an inverse condemnation that demands compensation for the property owners.
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 90 property owners and has special 2.0 judges appointed to hear these special cases.
Call the North Carolina Condemnation Lawyers at Hendrick Bryant at 336-723-7200 to begin your condemnation representation.