North Carolina Eminent Domain Attorneys
The N.C. Department of Transportation announced recently that U.S. District Court has paved the way for the Monroe Bypass project to proceed.
The North Carolina Turnpike Authority (NCTA) took more than four years to complete the environmental planning documents for the Monroe project. NCTA will now seek the Local Government Commission's approval of the project's plan of finance and issue the remainder of the bonds needed to finance and award the construction contract to the low bidder. It is anticipated that landowners affected by the proposed route will soon be contacted by representatives of the NC Department of Transportation regarding obtaining the land necessary to build the road.
The 19.7-mile Monroe Connector/Bypass toll road is set to open to traffic in late 2015. It will be the state's second toll road.
Our firm has litigated condemnation matters at the trial and appellate levels. Read about our case of City of Charlotte v. Whipporwill Lake, Inc.
Frequently asked questions (FAQ's)
What is a "taking" or "eminent domain action"? A taking usually occurs when the government plans on acquiring property for a public purpose, such as a new road or a planned development of a school, park, stadium, etc. If the government acquires property from a person or entity, it must compensate that person for the property taken - This is often called "condemnation" or "eminent domain" or a "taking".
Can I prevent the government or NCDOT from taking my property? Every citizen has a right to fight or prevent the government from taking their property. However, it is very unlikely you will be successful. You would have to prove the project is not for a public purpose, and previous condemnation cases have proven that it is very difficult to stop these projects.
If I can't fight it, what if I don't agree with the amount of money NCDOT is offering for my land? NCDOT must offer you "just compensation" for the property it is taking. NCDOT will most likely determine "just compensation" by hiring an appraiser who uses a formula to calculate the value of your property being taken. This value must be for the "highest and best use" of your property. Often, landowners are not in agreement with the value NCDOT is placing on their property, but figure they are just "stuck" with whatever the government offers them. This is not true. Just as you would not sell your house to the "lowest" bidder, you do not have to accept the amount NCDOT is offering if you do not believe it is correct.
How is the value of my land determined? There are several ways that value can be determined. The most common method is through the comparison of comparable sales in your area, but there are also other approaches depending on the extent and type of property being taken. You may also have a right for additional compensation for any reduction in value of any remaining property you own may suffer.
What if I have to move because of the condemnation? If you are required to relocate as a result of the condemnation, then in addition to being compensated for the taking of your land, you have the right to seek relocation expenses.
Are my attorney fees recoverable? Unless you can prove that the condemnation is unnecessary, then you cannot be compensated for your attorney fees. However, our firm considers these cases on either an hourly basis or a percentage (contingency fee) basis which is often tied to the amount of additional funds we can obtain on your behalf.
Do I need an attorney? If you believe that the NCDOT is or will offer you a fair amount of money for your property, then you probably do not need an attorney. However, the NCDOT is certainly motivated to obtain as much land as they can for the best possible price from their point of view.
What is the advantage of having an attorney? Probably the first advantage is it gives you the best chance to get the highest compensation for your property. An attorney also relieves you of the burden and hassle of the negotiations. An attorney will work directly with the NCDOT and appraisers to obtain the best possible outcome. In some instances, the only way to obtain just compensation is through litigation. Our firm is experienced in these matters and are prepared to plead your case to a jury to determine what is fair. During the course of negotiations, you may need to hire an appraiser to assist you. We have worked with many appraisers in this area and can recommend several to you for your consideration.
How much does an attorney cost? Our firm offers both hourly and contingency fee contracts. Under a contingency fee agreement, the attorneys are not paid until you receive your money. Your initial 30 minute consultation is free.
What evidence can be presented to prove value? A landowner always has a right to express an opinion as to the value of his or her land. Otherwise, as a general rule only an expert in land appraisal can testify as to value. Tax values cannot be used to determine the value of your property. Also, what the NCDOT is paying other landowners is also not admissible.
If I have to hire an appraiser, how much does that cost and can I get reimbursed for those expenses? The cost of an appraisal is hard to estimate because it depends on the amount of land being taken, whether it is a permanent or temporary taking (i.e. a temporary construction easement), whether buildings are involved, etc. As a general rule, the cost of the appraisal itself is not an expense that can be awarded to you by the court, but the cost of any testimony by an appraiser is likely recoverable.
Do I need an appraiser? Each case is different depending on the amount of the taking and the NCDOT's initial evaluation of your property. In many instances, a settlement can be negotiated without the use of an appraiser. However, the further apart the parties' opinions of value are - the more likely an appraiser will be needed.
What if I just don't agree with the amount being offered? If you cannot reach an agreement with the NCDOT regarding the value of your property, the NCDOT will file a condemnation action. At the moment the action is filed, they will own the land they are seeking to condemn. However, they must deposit their last offer with the Court and you are permitted to withdraw that money immediately upon an initial court appearance by your attorney.
Who gets the money that the NCDOT offers to me or deposits with the Court? If your property is not subject to a mortgage or other lien, then the money is given to the owners of the land. If a mortgage company has a deed of trust on the land, the attorneys must negotiate the amount of money to be paid to the mortgage company since they are losing part of their collateral for the loan.
What happens if a condemnation action is filed? Your attorney will need to file formal pleadings with the Court. Typically, the attorney will then obtain a copy of the State's appraisal and may depose their appraiser to understand what their testimony may be at trial. At some point, the Court will order the parties to conduct a mediation in which you and your attorney will meet personally with the attorney for the NCDOT. A certified mediator will then make a concerted effort to try to resolve the matter. Mediations are typically successful about 50% of the time or more. If the case is not settled at or after mediation, the matter will be placed on a jury trial calendar.
How long will my case take to come to trial? If a condemnation action is filed against you, the length of time it takes for the matter to actually come to trial depends on a number of factors, not the least of which is the amount of cases already on the court's docket. As a general rule, however, most condemnation cases take about 12- 18 months from the date of filing to the actual trial. You are entitled to interest on any recovery while awaiting trial.
If I hire an attorney what expenses will I incur in addition to attorney fees? In most instances, your biggest additional expense will be the employment of an appraiser, if you choose to hire one. There are other expenses, such as court reporter fees, subpoena fees, postatage, etc., but these expenses are relatively nominal and would be discussed with you at the time you hire an attorney.
NEED more information?
DeVore, Acton & Stafford, P.A.
Attorneys at Law
1321 E. Morehead St.
Charlotte, NC 28277
704-377-5242
Fax (704) 332-2825
www.devact.com
email: Monroe-bypass@devact.com
blog: http://ncattorneys.blogspot.com/
