» Eminent Domain

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

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

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

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

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

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

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

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