North Carolina Eminent Domain / Land Condemnation

The state of North Carolina is home to many notable universities and colleges, including Duke University, the University of North Carolina at Chapel Hill, and Wake Forest University. While its capital is located in Raleigh, its largest city is Charlotte. Residents and visitors alike can enjoy attractions such as the Contemporary Art Museum of Raleigh, the North Carolina Museum of Art, and a Museum of Natural Sciences. Individuals who purchase property in the state sometimes may face the prospect of the government exercising its power of eminent domain, when it takes private property for public use. At Grimes Teich Anderson, our property lawyers have helped many residents of North Carolina pursue the compensation that they deserve in these circumstances.

Under the U.S. Constitution, as well as the North Carolina Constitution, the government cannot take private property for public use unless it pays the property owner. The power of eminent domain may be exercised by a wide range of entities, including the federal government, states, counties, and cities. In some cases, it may also be utilized by agencies created by the government, such as a public utility company or the Department of Transportation. Regardless of whether a traditional government entity takes the land, or a private entity takes it, two central requirements must be met. The taking must be for public use, and the property owner must receive just compensation.

The term “condemnation” is used to refer to the government’s exercise of the eminent domain power. A land condemnation begins by filing a complaint or petition in the county in which the property is located. Property owners can defend themselves or have a lawyer represent them in a land condemnation action. Inverse condemnation may occur when the government damages private property without filing an eminent domain taking or paying just compensation. The property owner then can sue the government in an effort to require it to exercise eminent domain. For example, a farm owner may sue the state to officially take control of his or her land under this power if a state project in the area polluted the land to the extent that its value has been significantly reduced, and the state has not offered compensation.

Under the North Carolina Constitution and the North Carolina General Statutes, a landowner is legally entitled to “just compensation.” This typically means that the entity choosing to exercise the power of eminent domain and condemn a property must pay the individual fair market value, which is defined as the amount of money that a willing buyer would pay for the property to a willing seller.

At Grimes Teich Anderson, our dedicated eminent domain litigation attorneys can help protect the rights of North Carolina property owners facing government takings or trying to sue for inverse condemnation. We can carefully explore the details of your situation and represent you diligently throughout the process. We closely monitor the status of each case and keep our clients informed at every step of the way. With offices throughout North Carolina, we represent residents of communities such as Asheville, Franklin, Rutherfordton, Waynesville, and Spruce Pine. To set up an initial appointment with us, you can contact us online or call us at 828.766.7700.