Eminent Domain Frequently Asked Questions
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Eminent Domain Frequently Asked Questions
Request A Free Consultation
North Carolina Eminent Domain Frequently Asked Questions
Eminent Domain is a very complicated area of law. Below are some of the more frequently asked questions about Eminent Domain. If you have any other questions or need an Eminent Domain Attorney to assist you, please dont’ hestiate to contact our office.
In North Carolina, who has the right to eminent domain?
Federal, state and local governments all possess the power of eminent domain. Utility companies, for example, may also be granted eminent domain power if they act on behalf of the public.
What is North Carolina Eminent Domain?
If it is necessary for public use, the government may take private property by eminent domain. Eminent domain can also be used by the government on behalf of private developers.
If my land is about to be taken, what should I do?
Contact King Law Firm. You can negatively impact the outcome of your case by taking any action during the eminent domain process (including delays). North Carolina eminent domain lawyers can assist you through the process to help ensure the best possible outcome
Could I refuse the government's offer for my property?
The government’s offer can be rejected and challenged in court.
It is possible to hire independent experts to provide another appraisal of your property, which may prove to be worth more than the government offered.
King Law Firm may be able to help you file this challenge and receive more compensation for your property if you hire a qualified eminent domain attorney.
When the government seizes my property, what am I entitled to?
You must be notified by the government when it intends to seize your property. The government must also compensate you fairly based on the fair-market value of your home and/or land. There will be a summary of value in the offer but the owner will have to request the full appraisal report.
If the property is my business, what happens?
By using eminent domain, the government can also take your business property. Generally, compensation will not be available for business losses, even if relocation expenses are incurred.
How soon should I hire an attorney?
When you discover that your property will be taken under eminent domain, in eminent domain proceedings, anything you do or do not do may negatively impact your case.
What is land condemnation in North Carolina?
The act of condemning land is an exercise of the right of eminent domain to take property. Unlike condemning property as a health and safety hazard, this is not the same.
What is a condemning authority?
This term refers to a government or private entity that has the power to take private property by eminent domain
Will I get a fair offer from the government?
Like anyone else trying to buy your property, government officials will probably try to pay as little as possible for it. While the government is bound by law to offer you just compensation based on the fair market value of your property, the offer is based on appraisals from government-hired experts. The government’s assessment of your property might not accurately reflect its value since real estate valuation is not an exact science.
What determines fair-market value?
It is the price that a willing seller could get from a generous and informed buyer in the current market. The value of a house or land is based on its condition when it is taken.
Considering that appraisers’ interpretations of value vary, you may want to hire experts who can make a case for the highest value for your property.
Can I keep my property if I don't want to give it up?
The King Law Firm can be reached at 855-205-9938 You may be able to fight the taking in court if you work with one of our experienced North Carolina eminent domain lawyers.
Can another private party acquire my property using eminent domain?
Yes. The government has taken private property for redevelopment purposes in many instances, and the courts have upheld such cases. Several states have passed legislation to try to eliminate abuses of eminent domain power, but such instances still can happen.