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 & 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 Transportation Corridor Official Map Act (“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 500+ its clients getting finally and fairly paid by NCDOT.
We have resolved analyzed and resolved cases of all kinds, sizes, impacts and situations: houses, rental properties, apartments, shopping centers, churches, farms, office buildings, retail stores, restaurants, car lots, subdivided vacant building lots; . . . . full takings, partial takings, easements.
You only get one chance to sell your property to the government so it is imperative you are fully informed and represented to make certain you are just 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
We give our government immense powers including that it may take our property – the power to condemn by eminent domain.
Ownership of property is a cornerstone of our system of government and community. Property carries with it the right to freely use, enjoy, possess, and dispose of it. These attributes are fundamental rights all citizens have which our courts are to safeguard and defend. Anything that destroys one of attributes destroys the property.
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.
In North Carolina, if the state or local government has determined that your property is required for a public good – power lines, a school, a road, highway, or airport – the governmental agency will contact the owner to attempt 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 public purpose. Many times, the owner and condemning authority negotiate a price before formal legal proceedings are filed. If the owner does not agree with the government’s offer, the government must file a condemnation lawsuit to take the property. When it files this lawsuit, the government must deposit what it contends is the just compensation for the property and that deposit then transfers title to the area taken to the government. 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 full and perfect equivalent in money of the thing taken by the government and it is intended to be a sum of money that place the owner in as good a position as if the taking had never occurred.
inverse condemnation:
A property owners can file a cause of action against a governmental defendant to recover the value of property which has been taken in fact by the governmental defendant, even though no formal exercise of the power of eminent domain has been attempted by the taking agency.
Inverse condemnation is a device which forces a governmental body to exercise its power of condemnation, even though it may have no desire to do so. .Inverse Takings Claims May Include Physical Intrusion On To Property, Regulatory Interference, And Substantial Interference With An Owners’ Property Rights Brought On By The Government Action Directed At The Property.
Call the attorneys at Hendrick Bryant Nerhood Sanders at 336-723-7200 to represent you.
know the answers to the
Commonly asked questions
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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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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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