When property owners hear “eminent domain” or “land condemnation”, they think of Kelo v. New London, that case where the United States Supreme Court said it was OK for the government to take your private property and give it to another private person or corporation for the sole “public” purpose of increasing property tax revenues. That case, more than anything else, has property owners fired up.
Eminent Domain in North Carolina is Different
But the problem is that the law of eminent domain in Connecticut is different from the law of eminent domain in North Carolina. Sure, eminent domain laws have to follow the United States Constitution, but in the Kelo case, the U.S. Supreme Court set that standard pretty low. So, many states have their own particular statutes that govern how exactly the government, a utility, or some other condemning authority, like a transit authority or an airport authority, can take your land.
What does “just compensation” mean in your North Carolina eminent domain case?
Plus, a states’ laws also determine not just how, but for what types of projects private property can be taken, by whom and using what procedures. In North Carolina, the eminent domain statutes even provide for two totally different ways to measure what constitutes the “just compensation” that the United States Constitution requires. So, your just compensation depends on who is condemning your property and for what purposes.
North Carolina Eminent Domain Resource for Property Owners
All of this can get confusing for property owners who just want to be treated fairly. So, we have started this website to try to help regular people — individuals and business owners — understand how eminent domain works here in North Carolina. We hope it will become a good resource for your eminent domain questions and will provide a starting point for getting some answers when your land is at stake.
Your Eminent Domain Case in North Carolina
Through CarolinaCondemnations.com, we will try to explain some of the key legal concepts and to discuss some of the current eminent domain projects in North Carolina. But this website is no substitute for legal advice. Each eminent domain case is different. Each one requires careful analysis in order to apply the unusual North Carolina law of eminent domain to the facts at hand.
North Carolina Eminent Domain Attorney Inez de Ondarza Simmons
de Ondarza Simmons, PLLC aggressively defends the rights of businesses and individual property owners in eminent domain cases in Raleigh and throughout North Carolina. So, if you are facing a potential eminent domain case you should call or email us to see how we can help you. We offer an initial consultation where we discuss the strengths and weaknesses of your case. Afterward, we provide you with a written preliminary analysis report to help explain the path toward getting you the most possible just compensation for your property.
To contact us to set up an appointment, you should click here.
___________________
North Carolina Eminent Domain Attorney Inez de Ondarza Simmons aggressively defends private property owners in Raleigh and all across North Carolina. To contact her, you should click here.
