» Eminent Domain

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Understanding Just Compensation: Maximizing Your Land Value

The federal or state government has certain rights under eminent domain laws to take private property for public use. To do so, the governmental entity or public agency must provide the property owner with “just compensation.” This protection is granted in the U.S. Constitution and is a critical aspect of eminent domain and condemnation cases. If you’re a landowner who has been approached by the government for your land, it’s vital to understand how just com… Read More
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Categories: Eminent Domain
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A Step-by-Step Guide to the Eminent Domain Process in North Carolina

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
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Categories: Eminent Domain
Forested hill with clouds in the background - concept image for blog: Land Condemnation in North Carolina: Five Frequently Asked Questions.

Land Condemnation in North Carolina: Five Frequently Asked Questions

If the government is seeking to acquire your land for public use, you may have many questions about eminent domain and the land condemnation law process. Eminent domain was established under the “Takings Clause” of the Fifth Amendment of the U.S. Constitution and allows the government to seize private land for a public benefit. Although you cannot stop the government from taking your land, it’s essential to understand that you still have rights. Here are five… Read More
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Categories: Eminent Domain
Aerial view over of a rural landscape near a lake. Concept image for blog: What Property Owners Should Know About Eminent Domain Laws in North Carolina.

What Property Owners Should Know About Eminent Domain Laws in North Carolina

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
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Categories: Eminent Domain
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7 Questions to Ask Before Hiring an Eminent Domain Attorney

Whether the government is seeking your property for a utility project, to build a road or sidewalk, or to construct a municipal building, eminent domain matters can cause a significant disturbance in your life. Even though the government can exercise its right to take your land, you have rights — and are entitled to just compensation. Critically, eminent domain is an extremely complex area of the law and it’s important that you don’t attempt to navigate the pr… Read More
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Categories: Eminent Domain
wooden fence / Fragment of a wooden fence concept for Common Easement Takings in North Carolina.

Common Easement Takings in North Carolina

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
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Categories: Eminent Domain
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Obtaining Just Compensation for a Government Taking Under Eminent Domain

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
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Categories: Eminent Domain
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What Constitutes “Public Use” of a Property?

In North Carolina, the government has the power to seize your property under eminent domain, regardless of whether you wish to sell it — provided that you are justly compensated. However, it’s crucial to be aware that pursuant to the Fifth Amendment of the U.S. Constitution, one of the requirements of eminent domain is that the property can only be taken for “public use.” This clause extends to state governments through the 14th Amendment. What Does “Publi… Read More
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Categories: Eminent Domain
Road sign - Private Land, No Hunting or Trespassing Concept for eminent domain-land condemnation.

What Do Eminent Domain and Condemnation Mean for North Carolina Landowners?

Eminent domain is a long-established power by the government that can result in you being forced to sell your land. For instance, if you purchased a property on a piece of land that the government wants to use for a highway, park, or other public purpose, it may seize your land. While the government may have the right to take your land for public use, it cannot do so without providing you with “just compensation.” It is crucial for property owners to understand… Read More
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Categories: Eminent Domain