Eminent Domain

by de Ondarza Simmons, PLLC

taking private property for public purposeIf a right of way agent just sent you a letter or already came to see you, you are going to need help now.  Click here to contact us right now to set up a free initial consultation.

Afterward, you can take time to read below about some of the ins and outs of eminent domain law in North Carolina and how we can be of help.

Private Land, Public Purpose, Just Compensation

The right of eminent domain, the right to take private property for a public purpose, is not contained in the United States or North Carolina Constitutions.  Instead, eminent domain is an inherent power of the government, and the United States and North Carolina Constitutions limit that power.  The same 5th Amendment that guarantees you due process and your right not to be forced to testify against yourself also states,

nor shall private property be taken for public use, without just compensation.

What is “Just Compensation”?

For most eminent domain clients, just compensation is the biggest concern.  The condemnor’s offer or deposit is only their estimate of just compensation, and it may be ridiculously low.  But it is also important to know how a jury will get to measure the damages in your case at trial.  In North Carolina, the way damages are calculated, the “measure of damages”, can depend on who the condemnor is. So, understanding the right measure of damages is our first step toward actual just compensation in your case.

How we can help

To prove your case for just compensation, we attack several critical issues at the same time.  They include

  • understanding the real estate interests being taken from you,
  • investigating what uses your land could have been put to before and after the taking, and
  • working closely with the right appraisers and other expert witnesses for your case.

We do all of this and more to be ready to try your case a judge and jury.

Contact Us Now

You may have heard from a right of way agent about someone needing to buy or take your property.  If so, you already have an eminent domain problem.  Go to our Contact Us page, and call or send us an email, so we can tell you how we can help.

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