North Carolina Eminent Domain Lawyers

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CEDAR POINT NURSERY et al. v. HASSID et al.

Eminent Domain Ruling from the United States Supreme Court May Expand Protections for Property Owners In June of 2021, the United States Supreme Court ruled on Cedar Point Nursery v. Hassid, one of the most important eminent domain cases in recent years. In a 6-3 decision, Chief Justice John Roberts wrote the Court’s opinion joined by Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett. In the majority’s opinion, the Court ruled that a California state regulation that granted labor organizations the right to take access to an agricultural employer’s property to solicit support for unionization was a per se physical taking which requires just compensation under the 5th and 14th Amendments to the US Constitution. This decision may very well mark the beginning of an ideological shift toward greater protections for property owners against local, state, and federal governments.  To understand the importance of this case to property owners nationwide, we should start at the beginning. Understanding the Background of Cedar Point Nursery v. Hassid – An Easement Issue At first glance, this case may seem like it is a labor relations case dealing with when a union can talk with workers. California passed the California Agricultural Labor Relations Act of…

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Tips for Handling Your Eminent Domain Case Alone

When it comes to hiring an attorney for a land condemnation, some may shy away at first because they think it might cost too much money. At the NC Eminent Domain Law Firm, we believe nothing could be further from the truth. We’ve often seen the opposite to be true. As you read through the following steps, ask yourself, “Would I rather have an experienced attorney complete these items for me?” If the answer is yes, don’t wait. We believe you reduce the risk of making a serious mistake by hiring an attorney early on a contingency basis. Since we’ve been in business, we’ve increased the average offer for our clients by 202.5%.* Steps to Take to Attempt Settling Your Eminent Domain Case Before Condemnation Land condemnation is when the North Carolina Department of Transportation (NCDOT) files a lawsuit against you and legally assumes ownership of all, or a portion of, your property. Prior to this stage of the eminent domain process, there are many steps to take if you want to contest the NCDOT’s claim or compensation offer. If you think that it might be easier to deal with the NCDOT on your own, here’s a checklist that might…

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NCDOT Projects Delayed By the Pandemic: 3 Suggestions for Property Owners

In March we posted about the financial woes of the North Carolina Department of Transportation (NCDOT) during the early stages of the Covid-19 pandemic. The NCDOT had pre-existing budget issues that were compounded by a sudden plunge in revenue as the traffic volumes dropped dramatically last year. State estimates put the decrease in daily traffic down as much as 50% in April and May 2020. As of April 27, 2020, the NCDOT was projecting a $300 million budget shortfall for the fiscal year ending June 30th with significant impacts on the next fiscal year of nearly $370 million. The Budget Shortfall Raised Issues for Owners in the Path of Projects Across the State In order to absorb the hit of this shortfall, the NCDOT has taken cost-reduction actions, delaying payment for many settlements agreed to before the extent of the budget issues was fully known. Additionally, projects across the state were placed on hold so the NCDOT could complete construction of projects already underway. In 2020 the NCDOT announced that they were delaying many of their projects. Because many of these projects were delayed from mid-2020 to mid-2021, we expect to see a sharp increase in projects moving forward and Right…

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7 Reasons NOT to Wait for the Government’s Offer Before Hiring an Eminent Domain Attorney

We speak with a lot of property owners who are losing their land to different government agencies. They own different types of property and are in various stages in the condemnation process, but we almost always get the same question: Should I wait for the government to make me an offer before hiring an attorney? The answer is an almost always no! You should contact an attorney as soon as possible! Here are seven reasons you may need an attorney now and why waiting for the government to make the first move is likely against your best interest. #1: We Don’t Get Paid Unless We Get the Government to Increase Its Offer We believe in dealing with everyone fairly and honestly, and part of that philosophy includes not taking money we didn’t earn. That is why our fee is based on any increase we are able to get you over and above that initial offer. We can often help you increase that offer to advise you early in the process of what to say and, more importantly, what not to say when the government shows up at your door. Whether the NCDOT, your city, or an energy company is taking…

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What Not to Do: Avoid These 6 Things When the Government Takes Your Land

If the NCDOT is coming for your property, what they take could have a huge impact on your home or business. What is so important that they have to take your property? There are a few types of projects that typically fall under the umbrella of “eminent domain.”  Here are some examples: Public works projects (i.e. road widening, highway construction, installation of new electric of plumbing lines) Libraries Police stations/fire stations Public parks New roads Public utilities Airports Water treatment facilities Military bases/defense buildings NCDOT plans to take your property under eminent domain – now what? Eminent domain is a tricky, complicated, detail-oriented area.  As such, it is very possible to make many mistakes when deciding your next moves when this happens to you.  While your best bet is to seek the help of an experienced eminent domain attorney, in the meantime, we have compiled a list of some of the most important things to avoid. 1. DON’T share more information than necessary with the government While appraisers and agents are often friendly and personable, they will not hesitate to use your words against you. It is better to play it safe by giving them as little information as possible;…

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Government Taking Your Land? Here Are Five Important Steps You Should Take

What would you do if your home or business was suddenly being taken away from you? Believe it or not, it happens all the time and it could happen to you: You receive a notice that the government is running an easement across your property. This has been your home for more than 20 years – the place you have raised your family and made countless memories. You’re nervous and unsure of what will happen to your home. You have no idea what, if anything, to do next. You are a business owner; you have put in years of hard work and dedication. Not only is it your career – your main source of income – but your employees have become like family. You built it from the ground up. Now, the North Carolina Department of Transportation (NCDOT) has announced its intention to widen a road and, in order to do so, tear down your business. What are your options? Many people faced with these scenarios find themselves asking these looming questions. Unfortunately, as long as it is for a public use, the government is permitted to take your land.  However, that does not render you powerless. By law, they…

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Fewer Cars on the Road Leads to Delays in Eminent Domain Cases

COVID-19 Leads to Less Traffic in North Carolina As I drove on I-40 between Durham and Raleigh, I remember how surreal it felt. The sun was out, and the temperature was crisp, but despite being almost 5 P.M. on a Tuesday, there were few other cars around me. Usually I would be sitting in stop-and-go traffic for an hour, but with Governor Roy Cooper’s stay-at-home order in effect, I was one of the few “essential” people still on the road. Suddenly, instead of 10,000 cars on the interstate, there were merely a few dozen. This was one of the first times I had seen the extensive impact of the global pandemic caused by COVID-19 with my own eyes. Less Traffic Results in Lower NCDOT Revenue Many of the effects of COVID-19 have been very visible: weddings are smaller, gyms have reduced occupancy, and we aren’t stopping to fill up our gas tanks nearly as frequently. With a substantial increase in layoffs and many workers taking advantage of technology to work from home, we simply aren’t driving nearly as much. While it’s easy to see some benefits of less driving, such as saving money and less pollution, there have been some…

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How to Try to Get the Most From Your Eminent Domain Land Taking

Receiving a phone call or letter from the government notifying you that they will be taking your property under the right of eminent domain can be daunting. You may feel like there’s nothing you can do, and you have many questions. What is the process like? What is going to happen to my family? Our land? Our business? How can I be assured I will be compensated fairly? Who can I trust? Knowledge is power. And understanding what will most likely happen may make the process a bit easier for you to endure. Here are some answers to questions our clients typically have. What is an eminent domain appraisal? An eminent domain appraisal can run from about 50 to 100 pages long. It only vaguely resembles the typical four- to five-page home appraisal most people are familiar with. Without eminent domain experience and a tremendous amount of time and research, it can be extremely difficult for many people to spot errors that an appraiser may have made. And they do make them. Appraising is not an exact science. The state-hired appraiser is a professional with experience in eminent domain appraisals. They will typically inspect your property (including the inside of…

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5 Things Property Owners Want to Know About Eminent Domain Compensation

You’ve received notice that the government is planning to take part of or all of your land for an eminent domain project. Now what? You know that, by law, you deserve fair compensation for damages to your home, land, and/or business as a result of the taking. But you have many questions relating to what exactly the state will and will not pay you for. 1. Won’t the Government Cover All Damages and Inconveniences? Some damages the state is not required to compensate you for. There may be a new road going in that blocks access to your driveway, or a median that makes it nearly impossible for you to get to work or take your kids to school in the mornings. Wouldn’t you assume that the government would automatically cover these damages and inconveniences you are forced to bear as a result of the median? The answer is usually no. Based on my experience (having worked as an attorney for the NC state government before joining the NC Eminent Domain Law firm) the best chance of receiving more compensation is to enlist the help of an experienced eminent domain attorney – the earlier in the process, the better. Most…

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How NC Eminent Domain Law Works: A Case Study of Duke and the Durham-Orange Light Rail

The government can condemn private homeowners’ property, home, or business under the law of eminent domain. But did you know that the government can also take on large, wealthy, and politically powerful entities like Duke University to gain the land they seek? Durham-Orange Light Rail, Duke, & Eminent Domain Law The decades-long plan to build the Durham-Orange Light Rail, a 17.7-mile light rail set to run between UNC Chapel Hill hospitals and NC Central University in Durham, has hit a snag. At the time this blog was posted (March 2019), Duke had yet to sign a commitment to the project, prompting Durham councilmembers to consider taking the portion of land they need from Duke through eminent domain. What is North Carolina Eminent Domain Law? Eminent domain, also known as “condemnation” or “land condemnation,” simply means that the government has the power and the legal right to take private property for public use. Both the federal and state governments have their own legislation in place for when either decides that someone’s land could be used to serve a public purpose. For North Carolina, eminent domain law is found in Chapters 40A & 136 of the NC General Statutes. How Does North Carolina…

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