Industrial Property Impacted by Eminent Domain

Is the DOT taking some or all your factory, refinery, plant, or other industrial property in North Carolina? This can disrupt production activities, complicate day-to-day business, or even require years of relocation and retooling.

Our former NCDOT attorneys can fight for you in many ways, from negotiating for plan edits early in the process to fighting for maximum compensation, including relocation and other expenses.

Get a free case evaluation

A large warehouse facility with a drainage easement in the lawn nearby.

Issues you may be facing


Is the government taking some or all of your industrial property for public use? It must compensate you fairly for what it takes, but how much is fair? What compensation could you really be entitled to? These negotiations are unlike others you may be used to.

Inverse Condemnation

If the government’s activity damages your industrial property without them notifying or compensating you, you may be suffering inverse condemnation. We can help you understand what compensation you can seek for the serious harm that may have been done to your business.



The government wants the right to use your property how it sees fit without actually owning it. Easements can be tricky and can have heavy and permanent negative effects on your industrial property. It’s critical to understand your rights.


The government will have your industrial property appraised before it makes an offer, but how do you know their appraisal is accurate? Does it account for all the harm you’ll suffer, including long-term costs? What about damage to the remainder?


Possibly the worst-case scenario for industrial property owners is having to relocate. Can you find a suitable parcel anywhere close? What about moving, retooling, and access to labor and infrastructure? Relocation expenses are not always part of the DOT’s initial offer. You may need to fight for the full compensation you may deserve.

Eminent domain process: Industrial

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A client reading a letter she has received at a table.

The clock starts

The government announces its projects years in advance. As an industrial property owner, your fight begins now. Contact us as soon as possible.This is your opportunity to discover the real effects of a taking on your property, its potential impact to value, and how you can still use what may be left.

Once acquisition begins, things can move quickly.

INSIDER TIP: Engage a qualified attorney as early as possible. Our firm works on a contingency fee arrangement, meaning no upfront costs or hourly fees while we deal with appraisers and right-of-way agents on your behalf. Right away is the best time to begin building your case.
A surveryor in a yellow vest working on a dirt hill.

The initial offer

The government will appraise your industrial property, form its opinion of the value of what it is taking, and make an offer. Like any buyer, the government wants to pay as little as reasonably possible. However, we find these appraisals are often flawed and the offers far too low. If you accept the initial offer, you may be barred from negotiating for more, no matter how much you may have left on the table.

INSIDER TIP: There is a way to get initial offer funds without formally accepting the offer. We can help you do that, and we won’t touch a dime of that money. Our fee only comes from any 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.
Parcel map with a pen in the middle.

We advocate

Once the initial offer is made, if you refuse to settle for it, the fight for more begins. Our attorneys can gather evidence, engage experts, and assemble a case to try to prove your industrial property’s “highest and best use.” We use the leverage of our research to negotiate for maximum compensation on your behalf.

INSIDER TIP: 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 a dime. Guaranteed.
Person writing on papers with coffee and a notebook on the side.

You Could Get a Second Payment

If we believe we’ve got a truly fair offer to compensate you for your industrial 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 have an active litigation practice with the experience to help guide you through the litigation process and trial if that’s what is needed in your case, and you agree.

INSIDER TIP: If your case is resolved successfully, we collect an attorney’s fee only from the amount won above the initial offer. We’re repaid the costs incurred in fighting your case, and the net recovery comes straight to you.

Industrial property impacted by eminent domain in North Carolina: How we can help

Owners and operators of industrial property impacted by eminent domain face a complex and daunting challenge. Industrial enterprises are often extremely sensitive to location, space, and regulation, and any change to the property often upsets this delicate balance.

Industrial sites are very different from typical commercial properties. There are rarely customers per se, typically just the flow of materials, products, and equipment.

Factories, manufacturing plants, refineries, processing facilities, and even power plants depend on the logistical infrastructure to bring material and products in and out and stay on pace. Commercial industrial properties like storage and distribution warehouses rely on space and proximity to this infrastructure, so location is paramount. Commercial industrial facilities, like scrapyards, waste facilities, trucking terminals, and even railyards, have very specific property needs.

The DOT is trying to advance its own interests and has no obligation to preserve the balance required for your industrial property to keep functioning effectively. That’s why it is vital to consult with an eminent domain attorney as soon as your property is in the crosshairs.

Terms like commercial industrial property, commercial industrial facility & processing facility can be broadly defined.

Examples of industrial property impacted by eminent domain

Some of the ways your industrial property may be affected by a DOT taking include:

  • the addition of a median preventing larger vehicles like freight trucks from physically making the turns required to enter or exit the property
  • a utility easement crossing an area of underground tanks, possibly requiring their removal
  • a municipal greenway taking that encroaches on a required environmental buffer
  • a slope or drainage easement impacting your retention pond, forcing the facility to make expensive alterations or relocate
  • a taking off the edge of an industrial property that reduces the property’s soil permeability area to a figure below local ordinance requirements

Our attorneys know how to try to minimize the impact of the taking on your industrial property and how to negotiate with the DOT for all the compensation you may deserve. These are unlike other business negotiations, but we’ve got the experience to analyze appraisals and identify future issues that may arise due to the government taking your property. We also know the surveyors, appraisers, and other experts that may be needed to help us build your case for maximum compensation.

Since we’ve been in business, we’ve helped our clients get on average nearly 3x their initial offer from the government.1

We will evaluate your case at no cost or obligation. The evaluation is free – but not getting one could cost you a lot. Call 1-877-393-4990 or contact us online today.

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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