Eminent domain is the legal power of government to condemn private property for public or commercial use—provided the land taking somehow benefits the public. If a land owner disputes land condemnation, the court often defers to local or state authorities for an assessment of public benefit. Broad, lenient assessments allow condemnation to benefit private parties or businesses—even if future benefits never occur.
The 5th Amendment of the United States constitution limits the powers of the government’s sovereign right, stating: “...nor shall private property be taken for public use, without just compensation.” This section of the Constitution is referred to as the “takings clause" by the courts.
The courts define “public use” as a use that is designed to benefit the public as a whole—rather than a private entity. Confusing the matter are myriad appellate court opinions at both the federal and state level interpreting public versus private use. We often assist land owners who seek assistance against condemners who argue public use when their interests are—in fact—private.
Know the Law
In North Carolina, few laws to protect property owners from frivolous land condemnation or seizure under eminent domain. While the state constitution does not specifically address eminent domain, Article I §19 states: “No person shall be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin.”
The appellate courts have interpreted the above article to similarly limit the government’s right to take property without just compensation. The property rights attorneys at Henson Fuerst will do everything we can to protect your best interests. Get the help you need today. We don’t back down from the government or big corporations. We stand up for you.
We’re Here to Help
If you’re facing land condemnation—or the seizure of your home, business, church, or farm under eminent domain—you don’t have to face the government or big corporations alone. The experienced eminent domain and land condemnation attorneys at Henson Fuerst protect the rights of property owners across North Carolina—and we want to help you too. Call Henson Fuerst at (919) 781-1107 or complete our free initial consultation form.
When you call, you will speak with one of our knowledgeable North Carolina eminent domain and land condemnation attorneys absolutely FREE. Attorneys David Henson and Anne Fisher are committed to protecting the rights of property owners facing land condemnation.
Call Henson Fuerst, Because Your Case Matters
Standing Up for Families Across North Carolina Since 1976.
Bob Fuerst and Thomas Henson, Sr. founded Henson Fuerst on the core principles of honesty, integrity, compassion, and a never-ending pursuit of justice for those who have been wronged. As a firm built on this foundation, our clients’ best interests are at the heart of every decision we make. We understand the impact an injury has on not only you, but also those who depend on you, and we never lose sight of that. Whatever the circumstances of your injury happen to be, we believe you deserve thoughtful and compassionate representation, and that's precisely what you'll get from Henson Fuerst.
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When no one is in your corner, big corporations or government agencies will use their legal team to roll right over you. This is where we come in. Our Raleigh personal injury lawyers are committed to providing individuals a voice and ensuring that their rights are protected by the legal system, and our ability to protect your interests has been demonstrated throughout our firm's history. With over 150 years of combined experience, our firm has been successfully litigating and settling cases in a wide variety of personal injury matters, including car accidents, eminent domain and land condemnation, nursing home abuse and neglect, product liability claims, medical malpractice, and more. We hold those who cause injury accountable for their actions and fight to obtain the maximum amount of compensation for our clients.
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At Henson Fuerst, we strive to be the personal injury law firm of choice in North Carolina for clients facing the most challenging legal matters. North Carolina is our home. This is where we grew up and raised our kids. That’s why we take a great deal of pride in fighting for those affected by life changing injuries. Our personal injury attorneys know the other lawyers in the area, as well as the judges, the legal system, and North Carolina law. Our personal injury lawyers are disciplined across a wide range of personal injury matters and have lawyers licensed to practice law in several states, including North Carolina, Virginia, Georgia, Washington, D.C., and New York.
When Injured, You Can Count on Our Family to Fight for Yours.
Accidents that cause serious injuries can happen almost anywhere, and they often occur when we least expect them. If you or someone you love has experienced an injury or a tragic loss, the legal representation you choose is critical. Whether you're worried about the cost of hiring a lawyer or how you're going to get to our office, Henson Fuerst is committed to serving clients however we can. Call us today at (919) 781-1107 or complete a free initial consultation form. Our phone lines are open 24/7.