North Carolina Eminent Domain Lawyer
Has the Government Contacted You About Taking Your Property?
If the North Carolina Department of Transportation (NCDOT), a city, county, utility company, airport authority, or another government agency wants to take part of your property, you may be entitled to substantially more compensation than the government’s initial offer. A North Carolina eminent domain lawyer is what you need.
At Schehr Law, we represent North Carolina property owners in eminent domain and condemnation cases. Whether the government wants to take a portion of your land for a road widening project, utility easement, greenway, sidewalk, airport expansion, or public infrastructure project, our goal is simple:
Make sure you receive every dollar the law allows.
Free Consultation
Call Schehr Law today for a free review of your condemnation claim.
What Is Eminent Domain?
Eminent domain is the government’s power to take private property for a public use.
Under both the United States Constitution and the North Carolina Constitution, property owners are entitled to “just compensation” when their property is taken.
The government may take property for:
- Highway expansions
- Road widening projects
- New roads
- Utility easements
- Electrical transmission lines
- Water and sewer projects
- Airport expansions
- Rail projects
- Greenways and trails
- Public facilities
The government cannot simply take your property for free.
The real dispute in most eminent domain cases is not whether the government can take the property—it is whether the government is paying enough.
What Is Condemnation?
Condemnation is the legal process used to acquire private property through eminent domain.
Most North Carolina condemnation cases involve:
- NCDOT
- Municipal governments
- Counties
- Utility providers
- Public authorities
If negotiations fail, the condemning authority may file a lawsuit seeking to acquire the property.
Property owners still have the right to challenge the amount of compensation being offered.
Can the Government Take My Property in North Carolina?
In many situations, yes.
However, the government must generally show:
- Legal authority to take the property
- A public purpose
- Payment of just compensation
Even when the taking itself cannot realistically be stopped, property owners often have significant rights regarding compensation.
What Is My Eminent Domain Case Worth?
Every property is different.
Compensation may include:
Value of the Property Taken
The government must pay for the property rights acquired.
Examples include:
- Land
- Easements
- Access rights
- Improvements
Severance Damages
Many property owners make the mistake of focusing only on the land being taken.
Often, the largest damages involve the impact on the remaining property.
Examples include:
- Reduced access
- Loss of visibility
- Parking impacts
- Setback violations
- Development restrictions
- Traffic flow changes
- Loss of future development potential
A small taking can sometimes create substantial damages to the remainder property.
Temporary Construction Easements
The government may seek temporary rights to use portions of your property during construction.
These rights have value and should be evaluated carefully.
What Is “Highest and Best Use”?
One of the most important issues in many eminent domain cases is determining a property’s highest and best use.
For example:
The government may value property as:
- Residential land
An independent expert may determine the property’s highest and best use is:
- Commercial development
- Industrial development
- Mixed-use development
The difference can be significant.
Why the Government’s First Offer May Not Be the Final Offer
Many property owners assume the government’s first offer is non-negotiable.
That is often not true.
Government appraisals may fail to fully account for:
- Development potential
- Access impacts
- Business impacts
- Future use opportunities
- Severance damages
Independent appraisals frequently reach different conclusions.
What Happens During a North Carolina Eminent Domain Case?
Step 1: Project Announcement
The government announces a project.
Step 2: Property Identification
Affected parcels are identified.
Step 3: Appraisal
The government performs an appraisal.
Step 4: Offer
A written offer is made.
Step 5: Negotiation
Property owners may negotiate compensation.
Step 6: Condemnation Filing
If an agreement is not reached, a condemnation lawsuit may be filed.
Step 7: Discovery
Both sides exchange evidence and expert opinions.
Step 8: Mediation
Many cases settle during mediation.
Step 9: Trial
If no agreement is reached, a jury may determine just compensation.
NCDOT Right-of-Way Acquisitions
The North Carolina Department of Transportation acquires thousands of parcels throughout the state for transportation projects.
Property owners may receive communications from:
- Right-of-way agents
- Surveyors
- Appraisers
- Engineers
Before accepting an offer, property owners should understand the full impact of the proposed acquisition.
Commercial Property Eminent Domain Claims
Commercial property claims often involve complex valuation issues.
Examples include:
- Gas stations
- Shopping centers
- Hotels
- Self-storage facilities
- Office buildings
- Industrial properties
- Development land
Even a relatively small taking may significantly impact the property’s value and future use.
Residential Property Eminent Domain Claims
Residential property owners may face:
- Front yard takings
- Road widening projects
- Easement acquisitions
- Driveway modifications
- Access changes
Residential owners have the same constitutional right to just compensation.
Counties We Serve
Schehr Law represents property owners throughout North Carolina, including:
- Mecklenburg County
- Cabarrus County
- Union County
- Gaston County
- Iredell County
- Rowan County
- Lincoln County
- Cleveland County
- Wake County
- Durham County
- Guilford County
- Forsyth County
- Buncombe County
And throughout North Carolina.
Contact a North Carolina Eminent Domain Lawyer Today
If the government has contacted you about acquiring your property, do not assume the first offer reflects the full value of your claim.
Contact Schehr Law today for a free consultation to discuss your rights and options.
