By Bradley Hunt, Attorney at law
Have you received a notification from the government or a utility company telling you they plan to “condemn” a portion or all of your property? The law of eminent domain gives the government and certain private organizations the power to condemn (or take) your property against your will. While the law requires them to pay you for taking your property, putting a fair value on your land can lead to disagreement.
Why would the government take my property?
Eminent domain most commonly comes into practice when governments condemn land in preparation to build or widen roadways, build bridges, address public drainage issues, or deal with utility placements – for example, adding new power lines or train tracks. While this does not happen often, it can be a shock to receive such a letter in the mail.
How can they legally take my land?
Hundreds of years ago, kings and rulers of countries would simply take the land they wanted. Our Founding Fathers understood there might still be a need for the government to take land from private owners, but they wanted to ensure fairness. To do so, they added two qualifications around eminent domain in the US Constitution. First, the land taken must be used for the public good; and second, the owner of the property must be justly compensated for the loss of the property. Historically, “just compensation” has translated to fair market value at the time the land is condemned. The “catch” often comes when the government and property owner disagree over what constitutes just compensation. Note that North Carolina has enacted some additional rules around eminent domain.
What can I do to stop the process?
While you may not legally be able to stop the process, you can often dispute the value the government has proposed to give you in exchange for your property. If the government only condemns part of your property, you may be able to argue that the value of the land surrounding the section they condemn has been negatively impacted. For example, if a road widening project takes most of your front yard, you may argue that the value of the house has been negatively impacted and they should either take the entire property or further compensate you for the loss of value to your home.
Your best option is to speak with an attorney who is knowledgeable in land condemnation and eminent domain issues. Contact Brinkley Walser Stoner today to schedule an appointment to speak with an attorney related to land condemnation.
If you have questions about the new regulation, contact Brinkley Walser Stoner today to schedule an appointment with a business law attorney to discuss your specific situation.