WHAT YOU NEED TO KNOW

Commercial Takings

For many business and commercial property owners, an eminent domain taking is a threat to your livelihood. You have to ask for – and fight for – the full compensation you may be entitled to.

Our former NCDOT attorneys have helped our clients get an average of nearly 3x more than the government’s initial offer.1 Some commercial property owners may be able to fight for much more.

We have experience helping many different types of commercial property owners facing eminent domain, including:

Get a free case evaluation

 

Eminent Domain and Your Commercial Business

Eminent domain takings that involve convenience stores and gas stations  can be complicated


When the government informs you that it requires all or part of your convenience store or gas station for its project, you are entitled to just compensation. And that compensation should take into account the many possible expenses that are specific to your business – such as buried fuel tanks and complex electrical systems. Our North Carolina eminent domain attorneys know how to fight for maximum compensation.

We help fast food restaurants seek just compensation

Fast food restaurant owners know how important it is for customers to be able to find your restaurant easily and get to you in a hurry. When an eminent domain taking blocks access to your drive-thru, obstructs your signage, or eliminates some of your parking, our attorneys can make sure that’s considered in your pursuit of just compensation.

Is your retail property being condemned by eminent domain?

Whether your retail business is multi-tenant or a single-use standalone building, an eminent domain taking can significantly impact operations. The acquisition of “just” a row of parking spaces can have an outsized impact on well-established businesses created under less restrictive development ordinances. How much of your parking, access, or signage can you afford to lose before also losing your tenants or customers? We’ve helped many retail business clients, and we can help you too.

How will your office building be impacted by an eminent domain taking?

Do you have a high-rise office building or an office park that is facing an eminent domain taking? Eminent domain is unlike negotiations you’ve faced as a business property owner. Compensation for office building takings should take into consideration many issues, such as tenant leases, access, parking, signage, and relocation. We can leverage our network of land experts to fight for maximum compensation on your behalf.

Eminent domain takings of other types of commercial properties

Our experienced eminent domain attorneys have helped a wide variety of North Carolina businesses seek maximum compensation for their properties when the government takes them for public projects. Whether you own a self-storage business, hotel, warehouse, manufacturing facility, or another type of business, we can help protect your rights as a commercial business owner.

Issues you may be facing

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Condemnation

The government can take or “condemn” some or all of your commercial property for the public good. It must compensate you fairly for what it takes, but who decides what is fair? Allow us to explain.

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Inverse condemnation

If the government takes or harms your property without compensating you, that may be inverse condemnation. You should seek compensation for the harm that’s been done. Here’s what you should know.

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Easement

If it takes an easement, the government is taking the right to use your property without actually owning it. These may be tricky and can remove a lot of your property rights. Find out more.

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Appraisals

Eminent domain appraisals are used to put a value on your commercial property – both before and after the government takes what it wants. Learn more about these special appraisals and what to watch for.

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Relocation

If forced to move, your business may be entitled to relocation-related expenses. These will never be in the initial offer. You have to ask, and often fight, to get them. Here’s what you should know.

Eminent domain process: Commercial

The clock starts
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The initial offer
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We advocate
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You could get a second check
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A client reading a letter she has received at a table.

The moment you know the government is coming to take your property, it’s time to act — even if the actual taking is years away!

Use the time to find out what effects the taking may have on your property, how you can use it, and its value. You may have years, months, or weeks. Just know that once the acquisition phase begins, the process moves quickly.

Engage a qualified attorney as soon as possible. Our firm works on a contingency fee arrangement. That means no up-front costs, and you have someone to deal with appraisers and right-of-way agents on your behalf. Plus, there’s more time to build your case.
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A surveryor in a yellow vest working on a dirt hill.

The government will appraise your property, form an opinion on its value, and make you an offer. We find that these appraisals are often flawed, and in any case, the government is like any other buyer. They want the property for as little as possible. If you accept the initial offer, you cannot negotiate for more in the future!

There’s a way to collect the funds of the initial offer without accepting it. We’ll help you do that for free, and we don’t take a penny of that initial offer. Our fee only comes from the amount we’re able to get above the initial offer. So if we don’t get you more than the initial offer, you don’t owe us anything. Guaranteed.
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NC Eminent Domain attorney Jason Campbell reviewing plans in his office.

Once the initial offer is made and you refuse to settle for it, the fight for more begins. We gather evidence, may engage experts, and assemble a case to try to prove your property’s “highest and best use.”

We use the leverage of our research and evidence to negotiate for maximum compensation on your behalf. 

We front all of the expenses related to your case. We pay for the appraisal. We put in the hours and do the legwork. And if we can’t get the government to raise its initial offer, you won’t pay anything. Not a dime. Guaranteed. That’s how confident we are in our ability to try to get you more.
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Once we believe we’ve got a truly fair offer to compensate you for the land or rights being taken, we’ll ask for your permission to resolve the case, and collect on your behalf.

It’s rare, but sometimes we believe your best interests would be served by going to trial. That will be your choice. We do have an active litigation practice, and the experience to help guide you through the litigation process, and even trial, if that’s what is needed in your case.

Once your case is resolved, our attorney’s fee is paid. Our fee comes only from the amount won above the initial offer. We’ll be repaid the costs incurred in the case on your behalf, and the net recovery comes straight to you.

Frequently asked questions

Get a free case
evaluation today.

There are only a handful of attorneys in NC who practice eminent domain exclusively, and even fewer with NCDOT experience. We have several. That’s why its worth getting in touch with us for a free case evaluation.

Here’s how it works:

1) Tell us about your situation.

2) We research your property as needed, using DOT maps, our own technology, and experience to see the exact effects.

3) We let you know what we think a fair offer would be. This evaluation is free, and there’s no
pressure or obligation to hire us after.

But please don’t wait to act. Waiting can hurt your case, and the cost is the same: free.

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