FREQUENTLY ASKED

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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.

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

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.

What happens when the condemnor takes my property?

The party that condemns your property must pay you fair compensation.

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.

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What is a Complaint?

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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.

What is fair market value?

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Can I stop the condemnor from taking my property?

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