About Eminent Domain
Eminent Domain and its Impact on Property Owners in North Carolina
While the North Carolina state constitution does not directly address the eminent domain powers of the NC government, Article I, Section 19 or "law of the land" states that no person shall be deprived of life, liberty, or property except by due process of law. This section also guarantees that all individuals are entitled to equal protection of the law, meaning they cannot be discriminated against based on race, religion, or nationality in matters related to property acquisition.
However, despite these protections, North Carolina property owners, including commercial property owners, have limited recourse to preventing land seizures under eminent domain. Commercial property owners can find themselves at the mercy of governmental or quasi-governmental entities like cities, counties, or private businesses seeking land for various public or private purposes. For instance, when a commercial property is needed for a road expansion, a utility installation, or even an economic development project spearheaded by a private entity, the state can legally seize that property, provided the taking is deemed for public use and that the owner is provided with just compensation.
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Legal Protections for Property Owners
Additionally, North Carolina law allows property owners to challenge the necessity of the taking, although these challenges are often limited. Commercial property owners can argue that the taking does not meet the "public use" requirement. Still, as mentioned, this can be a complex and nuanced case to prove, especially when economic development or utility needs are involved.
Facing Eminent Domain in North Carolina? Our Attorneys are Here to Help.
Condemnation complaints are very time-sensitive and must be acted upon promptly. Delays in responding could mean losing your property to the government without the opportunity to challenge the compensation you're offered. That’s why it’s essential to have a reputable eminent domain attorney on your side from the start.
At Henson Fuerst, our dedicated eminent domain law division exclusively handles high-stakes, high-value eminent domain cases. Such cases require considerable time, attention, and resources, so we are selective in the cases we choose to take on. Our condemnation lawyers have handled complex legal cases for over 45 years and will dedicate their undivided attention to your eminent domain case during this complex process.
If you're facing land condemnation, don’t let government agencies take control without a fight. Reach out to the experienced attorneys at Henson Fuerst. We are committed to defending the rights of property owners throughout North Carolina. Contact us today by calling (919) 781-1107 or submitting a free case evaluation form online.
Types of Clients We Represent
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Convenience stores
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Shopping and strip centers
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Retail and office investments
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National and Local Restaurants
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Industrial and manufacturing facilities
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Automobile dealerships
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Commercial property developers
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Manufactured home communities
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Real Estate Developers
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Residential developers
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Multi-family apartments
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Mixed-use properties
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Billboard owners and companies
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Cell tower providers and lessors
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Churches
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Farms
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Hotels
Understanding Public Use in Eminent Domain
In order for the government to take your property under the power of eminent domain, it must be determined that the project is for "public use," which traditionally refers to projects that benefit the community rather than a specific private party. Examples of public use projects include highways, hospitals, and other essential infrastructure. However, this term has been a point of legal contention, particularly in cases where private companies, rather than the government, are involved in land acquisitions. Courts at both the federal and state levels have differing interpretations of what constitutes "public use."
For instance, the U.S. Supreme Court ruling in Kelo v. City of New London (2005) controversially broadened the definition of public use to include economic development projects that benefit private businesses if the goal is to ultimately enhance public welfare, such as job creation and tax revenue. This has led to confusion and controversy, as many landowners, including commercial property owners, feel that their properties are being taken for the benefit of private interests under the guise of public good.
What is Land Condemnation?
Types of Takings
Eminent domain law encompasses different types of land takings, each with distinct processes and implications for the property owner:
Physical Takings
This occurs when the government directly takes control of the land, either fully or partially, often for public projects like highways or schools. The owner is compensated based on the land's market value.
Complete Taking
In a complete taking, the government fully acquires the property, leaving the former owner with no remaining stake. This happens when the entire land is needed for public projects, such as parks or government buildings.
Partial Taking
The government may acquire only part of the land, leaving the owner with the remaining portion. For example, this may occur if the government needs land for road expansions. Compensation is provided for the portion taken, and the remaining land’s value may be adjusted.
Regulatory Takings
These occur when government regulations (e.g., zoning laws or environmental protections) restrict the property owner’s ability to use the land, diminishing its economic value. While the property isn’t physically seized, the regulations may essentially deprive the owner of its use or value.
How Commercial and Residential Eminent Domain Cases Differ
Property Features
Zoning
Access and Infrastructure
Business-Specific Issues
The Impact of Eminent Domain on Businesses
Trusted Eminent Domain Attorneys in North Carolina
While legally permissible, we understand that the government’s right to take private property can feel overwhelming. Our goal is to fight for fair and just compensation for your property. At Henson Fuerst, we pride ourselves on offering personalized, professional service, and we are here to answer all your questions. Our attorneys bring extensive knowledge of the legal nuances of eminent domain law and the unique challenges property owners face in North Carolina.
Don’t navigate this complex process alone. Contact us today for a free consultation. Let us assess your case, explain your legal options, and help you make informed decisions about your next steps. Trust Henson Fuerst to advocate on your behalf and ensure that your property rights are fully protected.
Eminent Domain FAQ
Eminent domain refers to the government’s power to seize private property, while land condemnation is the legal process of enforcing this power.
Depending on the situation, property owners may negotiate or challenge eminent domain actions. However, outright refusing an eminent domain proceeding is usually not possible.
If you believe the offer is too low, you can challenge it in court with the help of an eminent domain attorney.
Our attorneys typically work on a contingency fee basis, meaning we only receive payment if we secure additional compensation beyond the government’s initial offer.