A Step-by-Step Guide to the Eminent Domain Process in North Carolina
March 1st, 2024
If the government has contacted you regarding acquiring your property for public use or a public works project, you might be feeling confused, stressed, and overwhelmed. Both the United States Constitution and North Carolina law provide the federal and state governments with the power of eminent domain — and condemnation. This is the legal procedure by which the government may seize private property for a public benefit. While there is no way to stop eminent domai…
Read More
Categories: Eminent Domain
What Property Owners Should Know About Eminent Domain Laws in North Carolina
October 31st, 2023
Eminent domain refers to the government’s right to take private property in cases where it is deemed necessary for public use, in exchange for just compensation. If you are a landowner and your land is being seized by a federal, state, or local government entity, it’s important to understand that you have rights. The following are three essential things all property owners should know about eminent domain and condemnation: 1. Private Property Can Only Be Taken f…
Read More
Categories: Eminent Domain
Common Easement Takings in North Carolina
July 12th, 2023
Under North Carolina statute and federal law, a government entity — such as the North Carolina Department of Transportation — may take an easement in your property under eminent domain. While an easement doesn’t give the entity full ownership rights, it provides them with a nonpossessory interest in a portion of your property. For instance, they may use your property to run utility lines across it, install water pipes, or dig ditches for drainage. Since an eas…
Read More
Categories: Eminent Domain
Obtaining Just Compensation for a Government Taking Under Eminent Domain
June 12th, 2023
Although the federal or state government may have a right to take an individual’s property for public use under eminent domain laws, one of the requirements is providing the land owner with “just compensation.” While this is a protection guaranteed by the U.S. Constitution, determining just compensation for the government taking land can be extremely complex. It’s important for property owners to have a basic understanding of what “just compensation” mea…
Read More
Categories: Eminent Domain
