What If I have a Mortgage?

What if I have a mortgage on the property? Who gets the money? When the state of North Carolina takes part of all of your land in an eminent domain or land condemnation case, they must do three things. First, file a condemnation complaint with the clerk’s office. Second, file a memorandum of action with…

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If My Business is Negatively Impacted by the Government’s Eminent Domain Acquisitions Can I be Compensated?

Yes, and no. Eminent domain typically only deals with the taking of real property- which includes land, buildings, permanent structures and improvements, and the access thereto.  The law typically does not compensate businesses directly for lost profits, revenues or interruptions of operations.  There are exceptions to this, however, so an experienced eminent domain land condemnation…

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The Value of Your Property

How is the value of my land determined in a land condemnation case? The first question most people have when they find out their land is being taken is, “How much money will I be paid?” Well, in an eminent domain land condemnation case, the amount you receive for your land can be determined in…

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Partial Taking vs. Complete Taking in an Eminent Domain Case

What is a partial taking versus a complete taking in a North Carolina Department of Transportation eminent domain case? When the State of North Carolina takes your land by eminent domain, or land condemnation for a public project, you will lose ownership of part or all of that land. In a partial taking, North Carolina…

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