Eminent Domain

Eminent domain is a legal concept that allows the government to acquire privately owned land for public use, provided that the landowner is justly compensated. While this practice is essential for public projects such as roads, schools, and infrastructure development, it can be a complicated matter for property owners to navigate.

At Tin Fulton Walker & Owen, we understand the intricacies of eminent domain law in Raleigh, NC, and other areas and work tirelessly to ensure our client's property rights are protected.

Understanding eminent domain

Eminent domain, often referred to as condemnation or expropriation, grants the government the authority to take privately owned real property for public use. This constitutional power is outlined in the Fifth Amendment of the U.S. Constitution, stating that "private property [shall not] be taken for public use, without just compensation."

In practice, eminent domain can be invoked for various public projects, including:

Infrastructure development: Developing or expanding roads, bridges, or public transportation systems.

Public buildings: Building schools, libraries, government facilities, and parks.

Economic development: Plans for stimulating the economy and revitalizing communities.

PROTECTING PROPERY OWNERS' RIGHTS

While eminent domain is a legitimate government power, there are still limitations that must be abided by. These key principles ensure that property owners' rights are upheld:

Just compensation: Property owners are constitutionally entitled to receive just compensation for their property when subject to eminent domain. This compensation should reflect the property's fair market value, ensuring that owners are not taken advantage of in the transaction.
Public use: The property taken must be for genuine public use. It cannot be used solely for private interests or financial gain.
Due process: Property owners are entitled to due process of law, which means that they have the right to challenge the government's taking and compensation offer. This provides property owners with an opportunity to protect their interests.

Our expertise in eminent domain

At Tin Fulton Walker & Owen, we specialize in guiding property owners through the complex eminent domain process in Raleigh, NC. Our expert attorneys work tirelessly to safeguard our client's rights and ensure they are adequately compensated. Here's how we can assist you:

Comprehensive legal counsel: We provide comprehensive legal counsel throughout the eminent domain process. Our attorneys assess the government's taking, evaluate the compensation offer, and ensure our clients' rights are protected.
Negotiation and mediation: We work diligently to negotiate with the government and its representatives to secure a fair compensation settlement for our clients. Our experience in mediation and negotiation helps our clients secure more favorable outcomes for themselves.
Litigation: In cases where negotiation or mediation fails to produce a satisfactory resolution, we are fully prepared to litigate on behalf of our clients. Our team has extensive courtroom experience and a proven track record of protecting property owners' rights in court.
Appraisal and valuation expertise: Assessing a property's fair market value is critical to eminent domain cases. Our attorneys work with skilled appraisers and valuation experts to ensure that our clients' compensation accurately reflects the property's worth.
Land use planning: In some cases, the government's taking can significantly impact a property's intended use or future development. We provide strategic land use planning to help property owners understand their options and maximize compensation.

FAQ

What is the government's obligation when invoking eminent domain?

Can I challenge the government's taking and compensation offer?

What if I disagree with the compensation offered for my property?

What is the government's obligation when invoking eminent domain?

When the government invokes eminent domain, it must provide just compensation to the property owner, which is usually determined by fair market value.

Can I challenge the government's taking and compensation offer?

Yes, you have the right to challenge both the government's taking and compensation offer. Legal representation is invaluable in protecting your interests.

What if I disagree with the compensation offered for my property?

If you disagree with the offered compensation, you have the right to negotiate, mediate, or litigate to secure a more equitable settlement.

Why choose Tin Fulton Walker & Owen?

With decades of experience, Tin Fulton Walker & Owen is a trusted name for eminent domain representation in North Carolina. Our commitment to upholding property owners' rights and securing just compensation sets us apart. We have successfully represented clients in various eminent domain cases, achieving positive outcomes for those whose properties were subject to government taking.

Whether you are facing an eminent domain situation in Raleigh, NC, or other areas in North Carolina, we are here to assist you with your questions about your rights and can provide expert legal guidance every step of the way. Our team is dedicated to ensuring that your property rights are protected, and that you receive the compensation you deserve.

Reach out to our office today to schedule a private consultation with our team of expert attorneys.

Understanding eminent domain

PROTECTING PROPERY OWNERS' RIGHTS

Our expertise in eminent domain

FAQ

What is the government's obligation when invoking eminent domain?

Can I challenge the government's taking and compensation offer?

What if I disagree with the compensation offered for my property?

Why choose Tin Fulton Walker & Owen?

Schedule a Consultation