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From either our convenient Raleigh or Eastern NC office in Tarboro, we strive to assist the victims of the government's ability to "take property" called condemnation or eminent domain. Our lawyers handle cases throughout North Carolina, including Raleigh, Cary, Rocky Mount, Wake Forest, Fayetteville, Jacksonville, Greenville, Wilson, Goldsboro and the Outerbanks.
Our attorneys represent citizens of North Carolina pre-suit, in litigation and in trial have the experience you need not to become a victimof the goverment. We handle eminent domain or condemnation which is where the government “takes” a private individual or company’s land for a public use. Some examples are taking private land for school construction, highway construction or airport or municipal expansion.
Attorney fees are a percentage of the amount above what the government believes your land to be worth. Call us to discuss specifics today.
An example of condemnation is when the Department of Transportation (DOT) takes land for Highway purposes. N.C.G.S. 136-103.
The government must declare what public use the land is being taken for and what amount the government believes is “just compensation” for the taking. The owner or owners of the land have a right to disagree with the amount of damages and request a jury trial on the amount of the damages.
The measure of damages shall be:
(1) Where only a part of a tract is taken, the measure of damages for said taking shall be the difference between the fair market value of the entire tract immediately prior to said taking and the fair market value of the remainder immediately after said taking, with consideration being given to any special or general benefits resulting from the utilization of the part taken for highway purposes.
(2) Where the entire tract is taken the measure of damages for said taking shall be the fair market value of the property at the time of taking.
N.C.G.S. 136-112.
The government deposits at the beginning of the taking procedure an amount they believe to be the amount of the estimated compensation for the land. If the amount is not agreed upon, often the dispute is tried to a jury as to the "highest and best use" of a tract of land, whatever such use might have been. State v. Johnson, 282 NC 1 (1972).
In a partial taking, such as an easement or right-of-way, even the "highest and best use" of the land must be taken into consideration at arriving at the market value.
In a claim for Inverse Condemnation the landowner files a claim for the "taking" of their land without the government having filed for the taking. If you have lost the use of your land as a result of some action by the Department of Transportation or the State you may have a right to be compensated for your monetary loss.
We would be happy to discuss your legal rights with
you on the phone, meet with you in our office or
have one of our staff meet with you at home. There
is NO CHARGE for the initial consultation. If
you cannot come to us, we will GO TO YOU. The
members of our firm look forward to helping you. If
you feel that your property is being condemned or taken by the government or the state, call Keel O'Malley Tunstall, L.L.P. Tunstall L.L.P. at
(252) 823-2266 or toll free at (800) 755-1987, or submit an online
questionnaire.
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