with eminent domain,

experience matters.

results matter too.

Are you 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, 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 will fight for you.

THE GOVERNMENTS’ POWER TO CONDEMN THROUGH EMINENT DOMAIN

OUR GOVERNMENT HAS THREE

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 immense powers including that it may take our property – the power to condemn by eminent domain.

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?

Eminent domain is the government’s power under the United States Constitution, North Carolina Constitution, Federal and North Carolina law, to take property (land, leases, buildings, etc.) for a public purpose.

What is a condemnor?

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What is condemnation?

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Who can take my property?

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What happens when the condemnor takes my property?

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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?

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Latest news

The Process By Which Property Of A Private Owner Is Taken For Public Use, Without His 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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