with eminent domain,
results matter too.
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 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 its clients getting finally and fairly paid by NCDOT.
We have analyzed and resolved eminent domain cases of all types, sizes, impacts and situations: houses, rental properties, apartments, shopping centers, churches, farms, salvage yards, mobile home parks, manufacturing facilites, office buildings, retail stores, restaurants, car lots andsubdivided 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. ONE CHANCE. . It is imperative you are 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
Property ownership is a cornerstone of our system of government and community. Property owners have the the right to freely use, enjoy, possess, and dispose of that property.
We give our government the immense power to take property for public use – the power to condemn by eminent domain.
This power must be balanced with YOUR property rights and the right to just compensation — The Fifth Amendment of the United States Constitution and in our North Carolina state constitution “Law of the Land” clause protect this right to just compensation .
If North Carolina or a local government has determined that your property is required for a public good – power lines, a school, a road widening, a new highway, or airport – the governmental agency will contact the owner 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.
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. An owner and condemning authority may negotiate a price before formal legal proceedings are filed. If not, , the government must file a condemnation lawsuit to take the property. and the government must deposit what it contends is the just compensation for the property taken. 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.
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?
A: It is the power we have given our government to take private property for public use in exchange for the payment of just compensation. Eminent domain has been used to build the roads we travel on, build the schools we send our children to, install the power lines to our cities, our neighborhoods and our houses, and to lay the sewer lines that service our towns. 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 condemn property?
A: Typical condemning authorities are the Department of Transportation, utility companies (Duke Energy, Piedmont Natural Gas), municipalities and counties. These public entities determine that they need property and files an action to take all or part of it.
What is condemnation?
A: 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.
Your Title Goes Here
What happens when the condemnor takes my property?
A: Generally, condemnation occurs when the owner and the government cannot agree on the value and damage to the property taken. The governemnt / utility then files a lawsuit to obtain title. The court process is to ensure and protect the owner’s right to just and fair compensation.
How much does the condemnor have to pay me?
A: 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.
Who can take my property?
A: A public entity like the North Carolina Department of Transportation, a public utility like Duke Energy, or a local city or county
The Process By Which Property Of A Private Owner Is Taken For Public Use, Without Consent, But Upon The Award And Payment Of Just Compensation, Being In The Nature Of A Forced Sale And Condemner Stands Toward Owner As Buyer Toward Seller.
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