Most eminent domain cases are partial takings
In most North Carolina eminent domain cases, the condemnor is only taking part of your property. They may be building a new road or just widening an existing one. They may be putting in a new sewer main or a water main. They may be constructing a new greenway. But they will almost always only be taking part of your property, not all of it. In other words, most North Carolina eminent domain cases are “partial takings” cases.
Will I at least get paid for the land the NCDOT took?
In North Carolina, certain condemnors, like most municipalities, have to pay you for at least what the value of the land is that they take. That’s because most North Carolina municipalities – but NOT ALL! – have to use a certain set of statutes, the Chapter 40A eminent domain statutes, to take your land. Under Chapter 40A, the way a jury gets to calculate your just compensation lets the jury give you at least the value of the real property the condemnor takes. You may be entitled to more, but they can’t give you less.
For NCDOT Partial Takings, Before, After, and Difference can mean ZERO Just Compensation
Other North Carolina condemnors, like the NCDOT, use a different set of eminent domain statutes to condemn land, Article 9 of 136 of the North Carolina General Statutes. When a condemnor who has “quick-take” or Chapter 136 power, condemns only part of your property, the law only lets the jury give you the difference between the value of your property immediately before and immediately after the date of taking, which is the date the condemnor chose to file its eminent domain lawsuit.
In partial takings cases filed under Chapter 136, it is possible for a jury to return a verdict of ZERO. That could happen if the jury found that the value of your property was actually worth MORE after the NCDOT took part of it, because the project allegedly improved the value of your remaining property.
More on Eminent Domain Laws in North Carolina
These types of weird eminent domain laws are just some of the reasons we decided to start this website as a resource for North Carolina property owners, whose land is being threatened or taken by eminent domain. Want to learn more? One place to start is our recent post on Article 1 of Chapter 40A. It sets out the general provisions for eminent domain takings in North Carolina.
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North Carolina Eminent Domain Attorney Inez de Ondarza Simmons
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. 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 Legal Strategy Session 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.
