What To Do if Your Property Is Condemned
If your personal property is condemned—or seized—for public benefit and you believe that you were not offered just compensation, you need to take legal action immediately. If you don’t, you could lose your rights to the money you’re owed.
The North Carolina eminent domain attorneys at HensonFuerst are here to help if your land is being condemned. It’s our priority to get you the maximum value for your property. Call (919) 781-1107 or complete a free initial consultation form today.
When You Need to Act
Once you have received notice that your property is being taken, there are time limits for when you must take legal action depending on who or what entity is condemning your land. The notice you receive is known as a “condemnation complaint.” This document will state why your property is being taken, how much is being taken, and how much it is believed to be worth.
By North Carolina eminent domain law, you must take legal action within these time limits if a condemnation complaint is filed by one of these agencies:
- North Carolina Department of Transportation (NCDOT)
If the NCDOT is condemning your property, you must file an answer to its condemnation complaint within 12 months.
- North Carolina Department of Administration (NCDOA)
If the NCDOA or a local public or private condemnor is seizing your property, you must file your answer within 120 days.
If you are served with a complaint, it’s imperative that you seek legal help immediately, otherwise, you may not get the full amount of compensation that is owed to you for your property.
When your land is taken or damaged and you have not been served a complaint or declaration, this is known as “inverse condemnation.” To file for compensation for inverse condemnation by the NCDOT or NCDOA or a local public or private condemnor, you must generally file your inverse condemnation complaint within 24 months of the date the affected property was taken or the completion of the project involving the taking, whichever is later, although there are exceptions to this rule that must be analyzed by your lawyer.