with eminent domain,

experience matters.

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
three

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.

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. 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.

What is a
condemnation case?

Just Compensation is the sum in money of the what has  been taken by the government   The money paid is to  place the owner in as good a position as if the taking had never occurred. The legal system calls that “making the owner whole.”

inverse condemnation:

A property owner can file a cause of action against a government to recover the value of property which has been taken in fact by the governmental defendant.    In other words, inverse condemnation is a lawsuit to force the government to do what it refused to do – pay just compensation for a taking.

Inverse condemnation  claims May Include flooding, grading, or harm caused by the government construction or actions by the government that take property rights.

Call the attorneys at Hendrick Bryant Nerhood Sanders at 336-723-7200 to represent you.

HENDRICK BRYANT’S
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

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