Eminent Domain & Condemnation Law Attorneys NC

The attorneys at Hansen, Howell & Wilkie, PLLC represent land owners and business owners across North Carolina whose properties are being taken by the North Carolina Department of Transportation; private utility companies, such as Progress Energy, Duke Power, Piedmont Natural Gas; and local municipalities or another governmental agency.

These condemners are authorized to take property by exercising their power of eminent domain and by employing the legal process known as condemnation.  The United States Constitution and the Constitution of the State of North Carolina provide that private property may be taken for public use, but only when “just compensation” is paid to the property owners.

The experienced Raleigh, NC eminent domain and condemnation attorneys led by Joshua D. Hansen, are dedicated to ensuring that the rights of our clients are fully defended and that each and every property owner and business owner we represent receive their full and fair “just compensation.”

The taking of property through eminent domain or condemnation can be a frustrating and confusing process.  The attorneys at Hansen, Howell & Wilkie, PLLC are experienced and understand the process.  We will work tirelessly to ensure that you are fully compensated for what is being taken from you.

We provide free consultations on all eminent domain matters in the state of North Carolina. Call today to discuss your condemnation case.

What Are Examples of Condemnation and Eminent Domain in North Carolina?

Eminent domain in North Carolina allows the government to take private property for public use, provided fair compensation is given to the property owner. Some common examples of eminent domain takings include the construction of highways, public buildings, and other infrastructure projects.

For instance, the North Carolina Department of Transportation (NCDOT) may use eminent domain to acquire land for road expansion projects, such as widening highways or building new roads to improve transportation networks and alleviate traffic congestion.

Another example of eminent domain takings in North Carolina involves public utility projects, such as the installation of water or sewer lines. In these cases, the local government may take private land to create easements for utility infrastructure, benefiting public health and safety.

Additionally, eminent domain may be used for urban renewal projects, such as redeveloping blighted areas to create affordable housing or public spaces. While property owners are compensated, the process can be controversial, as individuals may feel the compensation does not reflect the true value of their property.

Eminent Domain and Property Owners’ Rights

Eminent domain is a powerful tool that allows the government and certain entities to acquire private property for public use, but it is crucial that property owners’ rights are safeguarded throughout this process. In North Carolina, property owners are entitled to receive just compensation, which should reflect the full fair market value of their property. This ensures that they are adequately compensated for their loss.

Property owners also have the right to challenge the taking of their property if they believe it is not for a legitimate public use or if the compensation offered is insufficient. Eminent domain attorneys can provide vital assistance in these situations, helping property owners understand their legal rights and options. They can negotiate with the condemning authorities to seek better compensation or contest the taking in court if necessary.

Furthermore, property owners have the right to be informed about the eminent domain process and any actions that may affect their property. This includes receiving timely notices and having the opportunity to participate in hearings or negotiations.

Expert witness costs, legal fees, and other expenses incurred in defending their property rights may also be recoverable, ensuring that property owners are not financially burdened by the eminent domain process.

By understanding their rights and seeking the guidance of experienced eminent domain attorneys, property owners can ensure they are treated fairly and receive the full compensation they deserve. It is critical to act promptly, as there are specific timelines and deadlines in the eminent domain process that must be adhered to, in order to protect one’s property rights effectively.

How Can North Carolina Eminent Domain Attorneys Help?

North Carolina eminent domain attorneys play a crucial role in protecting property owners’ rights during the eminent domain process. These attorneys can assist by ensuring that the compensation offered for the property is fair and reflects its true value, which may include the property’s market value, potential future earnings, or sentimental worth.

They help property owners understand their rights and navigate the legal complexities of eminent domain cases, including the right to contest the taking or challenge the adequacy of the compensation.

Additionally, NC eminent domain attorneys can negotiate with government agencies to secure better terms or explore alternatives that may be less disruptive to the property owner. If necessary, they can represent clients in court, advocating for a fair settlement or judicial review of the taking.

By having an experienced attorney on their side, property owners can ensure that their interests are fully protected, and that they are not unfairly deprived of their property without just compensation.

It is important to contact an attorney with experience and specific knowledge of the condemnation process as soon as you are made aware that your property may be taken or impacted by an entity possessing the power of eminent domain.

The eminent domain laws in the State of North Carolina provide very specific timelines and deadlines to respond to a threat of taking by eminent domain. Failure to act promptly within these time constraints can result in a loss of rights and may prevent a property owner from receiving their full and fair compensation under the law.

Contact an experienced NC eminent domain attorney now. The NCDOT and other condemnors have a team of engineers, agents, and attorneys working on their side; therefore, it is important to retain an attorney to stand by you and guide you through this process.

For more information regarding eminent domain and the condemnation process, please visit our Frequently Asked Questions page or contact one of our experienced condemnation attorneys tod