North Carolina Eminent Domain FAQs


What is eminent domain?
What is land condemnation?
Who has the power of eminent domain?
What is a condemning authority?
What should I do if I think my land is going to be taken?
Can I assume the government's offer for my property is fair?
What if I don't want to accept the government's offer for my property?
How is fair market value determined?
What am I entitled to receive when the government takes my property?
What if I don't want to give up my property?
What if the property in question is my business?
Can eminent domain be used to take my property and give it to another private party?
When should I hire an attorney?

What is North Carolina eminent domain?


Eminent domain is the power given to the government to take private property if it is necessary for public use. The government can also take property under eminent domain on behalf of a private developer.
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What is North Carolina land condemnation?


Land condemnation is the act of taking property under the right of eminent domain. This should not be confused with the act of condemning property as a health or safety hazard.
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Who has the power of North Carolina eminent domain?


Federal, state, and local governments all have the power of eminent domain. Some agencies that act on the public behalf – such as utility companies – may also be given the power of eminent domain.
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What is a condemning authority?


A condemning authority is the agency that takes property under eminent domain.
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What should I do if I think my land is going to be taken?


Call the NC Eminent Domain Law Firm. Any actions you take during the eminent domain proceedings (including any delays) can negatively impact the outcome of your case. A qualified North Carolina eminent domain lawyer can guide you through the process, helping you make the decisions to try to get the best results.
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Can I assume the government's offer for my property is fair?


No. Like anyone buying your property, government officials are likely to try to pay the lowest amount they can for your property.

While the government has to offer you just compensation based on the fair-market value of your property, this offer is based on appraisals from experts that the government hires. Real-estate valuation is not an exact science, and the appraisal that the government conducts might not present an accurate reflection of your property's value.
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What if I don't want to accept the government's offer for my property?


You have the right to reject the government's offer and to challenge it in court. Independent experts can be hired to provide another assessment of your property, potentially showing that it is worth more than the government offered.

A qualified eminent domain lawyer at the NC Eminent Domain Law Firm may be able to help you file this challenge and to get more compensation for your property.
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How is fair-market value determined?


Fair-market value is based on the price that a willing seller could get from a willing and informed buyer in the current market. It is based on the condition of the house or land at the time of the taking.

Because interpretations of value may fluctuate with different appraisers, it is important to have experts working on your behalf who can make a case for the highest value of your property.
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What am I entitled to receive when the government takes my property?


The government must provide you notice of the intent to take your property under eminent domain and must provide you just compensation based on the fair-market value of your home and/or land. The offer will include a summary of value, but the full appraisal report must be provided upon the owner's request.
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What if I don't want to give up my property?


Call the NC Eminent Domain Law Firm at 877-393-4990. A qualified North Carolina eminent domain lawyer on our staff may be able to help you fight the taking in court.
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What if the property in question is my business?


The government can also take your business property under the power of eminent domain. While compensation may be available for some relocation expenses, business losses are not typically awarded.
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Can eminent domain be used to take my property and give it to another private party?


Yes. There have been many cases in which the government has taken private property for the purposes of re-development, and such cases have been upheld by the courts. Many states have passed legislation to try to curb such abuses of eminent domain power, but such instances still occur.

A North Carolina eminent domain lawyer at the NC Eminent Domain Law Firm may be able to help you fight the taking of your property if it is being targeted for private development.
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When should I hire an attorney?


As soon as you find out that your property is going to be taken under eminent domain. Any action you do or do not take during the eminent domain proceedings can negatively impact your case.

An experienced North Carolina eminent domain lawyer at the NC Eminent Domain Law Firm may be able to guide you through this process and help you fight the taking of your property or fight for the full compensation that you may deserve.
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