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In this blog series, we aim to get back to basics – that is, to explain some foundational concepts about the kind of law we practice here at Hansen, Howell & Wilkie, PLLC. Today’s key term: is condemnation. While the term often brings to mind unsafe or uninhabitable buildings, condemnation extends beyond this definition. It can also apply to properties acquired for projects such as roads, schools, or utilities. For property owners, condemnation can be confusing and stressful, raising questions about their rights and the compensation they may be entitled to receive.
Understanding Condemnation
In the realm of takings law, “condemnation” refers to the exercise of the power of eminent domain. It is a determination and declaration that a certain property is assigned to public use.
In North Carolina, property is acquired by the government via condemnation upon the filing of a complaint containing a declaration of taking, along with a deposit equal to the condemnor’s estimate for just compensation.
(If the condemnor is a private entity, such as a utility company, then the process is different. Title does not vest until after commissioners are appointed and make a report to the clerk, the clerk renders a final judgment, and the appropriate sum is deposited by the condemnor.)
What to Do if Your Property Is Being Condemned in North Carolina
Facing the condemnation of your property can be overwhelming, especially if you are unsure of your rights or the process involved. If your home or land is under threat of condemnation in North Carolina, it’s essential to take steps to protect your interests and ensure you receive fair treatment and compensation.
Understand Why Your Property Is Being Condemned
Condemnation occurs when the government or a private entity with eminent domain authority takes private property for public use. Common reasons include infrastructure projects, such as roadways, utilities, or schools. Condemned houses may also be subject to action if they are deemed unsafe or uninhabitable.
Verify the Condemnation Status
If your property has been identified for condemnation, request official documentation explaining the reasons behind the decision. For properties being acquired through eminent domain, confirm the specific public purpose. For houses declared unsafe, consult local housing authorities for details regarding the condemned status and the possibility of addressing any code violations.
Assess the Fair Market Value of Your Property
You are entitled to fair market value for your property. This is the amount a willing buyer would pay a willing seller under normal market conditions. To ensure an accurate valuation:
- Obtain an independent appraisal.
- Review any appraisal or offer provided by the condemning authority.
- Consider how the use of your property affects its value, including potential future uses.
Consider Legal Representation
Navigating the condemnation process can be complex. At Hansen, Howell, and Wilkie PLLC, we work to ensure property owners in North Carolina understand their rights and pursue fair outcomes. Whether you are contesting the condemned status of your home or seeking just compensation for your land, we are here to help guide you through the process. Here are the steps you should take immediately:
- Do not accept the initial offer without careful review.
- Document the current condition of your property with photos and records.
- Keep all correspondence with the condemning authority for reference.
Generally, property owners can continue to negotiate for more money, even after a condemnation action is filed. If an agreement is not reached, then the case will proceed to mandatory mediation. If the mediation does not result in a settlement, the case will proceed to trial.
Contact Our Office Today
Are you being impacted by a condemnation case in North Carolina? Contact us via phone or email today for a free, no-obligation consultation. We’d love a chance to speak with you!
