north carolina land law center

eminent domain and land condemnation lawyers

The North Carolina Land Law Center is a team of lawyers, paralegals, and staff within Martin & Jones dedicated to protecting the rights of landowners in North Carolina when a government or private utility attempts to take their land for “public use.”

The North Carolina Land Law Center team represents and protects landowners through all phases of the “taking process.”  Our team is dedicated to you, and our goal is to protect your rights as a landowner when your property is targeted. We will work with experts such as appraisers, engineers, surveyors, realtors, developers, and land planners to make sure that your land is fairly valued so that you will not be taken advantage of.

If the Land Law Center team cannot get fair compensation for you through settlement negotiations, we will aggressively represent you in the lawsuit where a jury will determine the fair value of your property. 

can i stop the condemnation process?

Generally, no.  Although there are limits on condemnation and eminent domain rights, the government generally has the right to take land it has decided it needs for some proper purpose.  The circumstances under which a landowner can challenge the condemnation decision as improper or exceeding the government’s authority are extremely rare.

Our lawyers can help ensure that the condemnation decision was properly made, but generally the condemnation process cannot be stopped in its entirety.  Nonetheless, a landowner has certain very important rights when faced with condemnation and eminent domain proceedings.

the government wants to take my land.
what are my rights?

Under the law in all 50 states, a landowner may have his or her land taken without consent.   North Carolina and federal laws give government agencies and utility companies the power to “condemn” land for “public use.”

For example, if the Department of Transportation wants to build a bypass for an interstate highway, it can take the land on which the road will be built.  If a county needs land to build a new school, it can “condemn” a landowner’s property and take it.   The federal government, state government, local governments, and even utility companies are permitted to take your land.

When your land is condemned and taken, the law provides that you are entitled to “just compensation.”  The amount of your “just compensation” may vary greatly, and often the amount offered by the government or utility to the targeted landowner is totally inadequate. An attempt may be made to negotiate upward the government’s offer, but if you don’t accept the final offer, YOU will be sued. After you are sued, your case will go to court where a jury will decide how much money is “just compensation” for your land. 

The goal of the North Carolina Land Law Center is to make sure you get as much money as possible for your land.  When the government or a public utility comes after your property, you need to be protected and zealously represented. The team at the North Carolina Land Law Center is there for you.   

how does the process work?

The condemnation process varies depending upon who is taking your land.  Generally, the government or utility will approach the landowner to discuss the taking of the land.  Under the law, the government agency or utility taking land is the “condemnor.” 

The condemnor will get an appraisal of your land from an appraiser of their choosing.  The condemnor will send someone to meet with the landowner to make an offer to purchase the property.  Usually, the offer is too low.  If you receive an offer for your land from the government or a utility, you should ask for a copy of the appraisal.  You are entitled by law to have a copy of that appraisal.

If you do not accept the condemnor’s valuation of your land, they will file a lawsuit against you.

what is "just compensation"?

“Just compensation” is supposed to be the fair market value of property.  Fair market value is the amount of money a landowner would receive if he or she sold that land at a price determined by its “highest and best use.”

The appraiser chosen by the government or utility often works for them regularly, and not surprisingly, their appraisals are often too low.  For example, condemning a portion of your land may cause the value of the rest of your property to decrease. If this devaluation happens, you are entitled to compensation for the decrease in the value of ALL of your adjacent property, but you may not receive an offer for devaluation.

should i consult with an attorney ?

It is important to understand that the law of land condemnation can be very complex.  There are laws (statutes) and legal cases used to determine when land can be taken, how land must be condemned, and how a fair value can be set.  There are deadlines and filing requirements, and there are time limits called “Statutes of Limitations.”

A “Statute of Limitations” is a time limit within which the landowner must respond to the condemnation proceeding brought by the government or utility. If the landowner does not respond in timely manner, the landowner’s ability to seek more money for their land is forever barred.  Statutes of Limitations can be complicated. In other words, if you miss the deadline, you must accept their value of your land.

It is important to consult with a qualified lawyer as soon as possible after you are contacted by the condemnor, and at the North Carolina Land Law Center, you will receive a free consultation.

Often, the government or utility is not willing to negotiate a fair value for your property.  Hiring experts to determine the value of your land can be very expensive.  It may be necessary to go to trial, present evidence, respond to the condemnor’s appraisal and let a jury decide the fair value of your land. The costs associated with a trial can be very high.  The North Carolina Land Law Center can advance these and other expenses while negotiating to increase the offer for your land, and we will advance the costs and expenses if it is necessary to go to trial.

The North Carolina Land Law Center charges an attorneys’ fee only if you are paid more than the initial offer made by the government or utility.  In other words, we do not take a fee unless we obtain more money for you than the government or utility initially offered you.  For example, if the “condemnor” offers you  $100,000.00 for your property and through negotiation or trial our firm has your land valued at $500,000.00, we only charge an attorneys’ fee on the portion of the recovery which is above the  $100,000.00 offer. 

how can the north carolina land law center help?

We handle condemnation cases from the negotiation stage through jury verdict. The North Carolina Land Law Center works with expert surveyors, economists, and engineers to determine the true fair market value of your land. Before beginning negotiations, we gather the documentary evidence needed to farily value your land, such as county or city planning and tax records, zoning records, North Carolina Department of Transportation records, appraisals of your land and other similar properties, and records from the register of deeds office and others. We also obtain all documents from the government and work to settle or mediate your case before going to trial.

If we need to go to trial, we are ready. We will prepare exhibits to effectively present your case at trial and retain the necessary expert witnesses to testify for you and fairly value your property at trial.

For free answers to your legal questions about land condemnation and eminent domain, please call us toll-free or complete this convenient online contact form.