Fair Notice

What are the laws regarding giving fair notice in eminent domain proceedings in North Carolina?

Don’t Panic if the Government Doesn’t Provide Fair Notice When it Takes Your Property.

The NCDOT just sent you notice that they are taking your property. Is the property yours or theirs at this point? How much time do you have to decide on your next steps? These answers may depend on whether the government has provided fair notice and whether it has already initiated a “quick taking” by filing its condemnation lawsuit. Read on to learn why the government’s right to a quick taking may matter to you. And remember, you can always fight for more compensation.

What is fair notice in eminent domain proceedings?

Fair notice, in condemnation proceedings, refers to the concept that the government, or condemning agency, should give the property owner enough time to consider their offer and obtain legal advice.

Traditional condemnations of real property, as described in North Carolina General Statutes Chapter 40A, provide a 30-day notice to landowners that their property is being taken. This notice provides important information for the property owner, such as a statement of intent to seize, a description of the purpose of the seizure, and the amount being offered for the property. This 30-day period is considered fair notice.

What is a “quick-taking” in eminent domain?

Many condemnations today follow the “quick taking” format described in Chapter 136 of the NC General Statutes. Under Chapter 136, the government can file a lawsuit that causes the title of your property to be vested immediately. This means the government can take your property as soon as the lawsuit is filed in court, and work on its project doesn’t have to wait on a final agreement on fair payment.

Federal regulation requires that the condemning authority, even under Chapter 136, give the property owner a meaningful opportunity to negotiate prior to condemnation, or it risks losing federal funds for the project. Whether the condemning agency provided fair notice may be critical to your eminent domain challenge.

Once the condemnation is filed under Chapter 136, funds for the offer amount are deposited with the clerk of the court where the case is filed. You have access to these funds immediately, but you can still fight for more if you feel that their offer was not fair. We advise you to contact an eminent domain attorney as soon as possible.

How can the NC Eminent Domain Law Firm help you?

The attorneys at the NC Eminent Domain Law Firm know when to present fair notice questions in condemnation challenges. They have fought for NC property owners’ rights in many different types of eminent domain cases by helping them:

  • Understand the complicated land condemnation process
  • Interpret complex eminent domain laws
  • Identify the possible elements to include in compensation calculations

Our firm also fronts the costs of surveyors, engineers, or appraisers for property evaluation, if needed. When a condemning agency sets its sights on your property, you may need as much assistance as you can get. We have several eminent domain attorneys who have worked for the NCDOT, and they will use that inside experience and knowledge to fight for the compensation you may deserve.

Call the NC Eminent Domain Law Firm today at 1-877-393-4990 today for a free case evaluation, or describe your situation using this online form. Even if your property was taken in a quick taking, you can still question whether the offer was enough.

Our attorneys will fight for maximum compensation for your property. And, because we operate on a contingency fee basis, you won’t owe us anything if we don’t obtain you additional compensation over the government’s initial offer for your property.

Get a free case evaluation

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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