Apex Eminent Domain Lawyer | Eminent Domain Attorneys in Apex, NC
About Our Eminent Domain Division
At Henson Fuerst, we focus exclusively on the property owner’s side of eminent domain disputes. We understand the tactics condemning authorities often use to undervalue land, and we know how to challenge appraisals that fail to reflect the true value of your property. Our attorneys partner with experienced appraisers, land planners, engineers, and other experts to build strong cases that highlight every element of loss, from market value to lost business income and damages to the remaining property.
We also recognize the stress that comes with receiving a condemnation notice. Our role is not only to fight for maximum compensation but also to guide you through the process with clarity and confidence. From the first notice of taking through negotiation, mediation, or trial, we are relentless advocates who stand beside you at every stage.
If your property is threatened by condemnation, don’t leave your future in the hands of government appraisers. Trust our decades of experience, proven results, and unwavering commitment to protecting the rights of North Carolina landowners.
Why Work with Our Apex Eminent Domain Team?
If you’ve been served with a condemnation notice in Apex, you’re facing one of the most important legal and financial battles of your life. Eminent domain cases, especially those involving large commercial properties, are rarely simple. They often include complicated statutes, highly technical appraisal disputes, and aggressive government attorneys who are determined to minimize what you receive. The condemning authority will come prepared with its own team of lawyers, appraisers, and experts. You deserve a team just as focused and committed to protecting your rights.
At Henson Fuerst, our eminent domain attorneys have been standing up for North Carolina property owners for over four decades. We have the experience, resources, and determination to challenge undervalued government appraisals, expose overlooked damages, and fight for the full measure of compensation you’re entitled to under the law. Our team works with respected engineers, land planners, and real estate experts to build strong cases that highlight the true impact of a taking, not just on the land itself, but on your business operations, access, and long-term property value.From the moment you receive notice until the final resolution, whether through negotiation, mediation, or trial, we are here to advocate for your best interests.
If your property is at risk of condemnation, don’t take chances with your financial future. Call Henson Fuerst today at (919) 781-1107 or complete our online case evaluation form to schedule a free, no-obligation consultation with our Apex eminent domain lawyers. Let us put our decades of experience to work for you.
David Henson
Attorney
Taylor Hammonds
Attorney
Chris Beacham
Attorney
Types of Clients We Represent in Apex, North Carolina
Our eminent domain lawyers represent a wide range of commercial property owners in Apex and beyond, including:
- Convenience Stores
- Shopping and Strip Centers
- Retail and Office Investments
- National and Local Restaurants
- Industrial and Manufacturing Facilities
- Automobile Dealerships
- Commercial Property Developers
- Manufactured Home Communities
- Real Estate Developers
- Residential Developers
- Multi-family Apartments
- Mixed-use Properties
- Billboard Owners and Companies
- Cell Tower Providers and Lessors
- Churches
- Farms
- Hotels
How Our Eminent Domain Law Firm Fee Structure Works
Most of our condemnation cases are handled on a contingency fee basis, meaning we only collect a fee if we obtain compensation above the initial government offer. For example, if the DOT offers $150,000 and we secure a $300,000 settlement, our fee would be one-third of the additional $150,000 recovered. In certain situations, we may instead work on an hourly or flat-fee arrangement, depending on what best fits your case.
Inverse condemnation matters, where property is taken without proper payment, often allow recovery of attorney fees directly from the government. Our Apex eminent domain attorneys will discuss all available options and create a fee plan that works for you.
Understanding Eminent Domain and Land Condemnation
Eminent domain is the government’s legal authority to acquire private property through the process of land condemnation when it is needed for a public purpose. Projects like new highways, school construction, power lines, pipelines, and other infrastructure improvements often rely on this power. While the U.S. Constitution and North Carolina law require the government to pay “just compensation” before taking someone’s land, the process can be complex.
1
The Taking of the Property
The government taking process begins when a government agency, municipality, or utility company issues a notice of its intent to acquire private property. This notice may state that the land is needed for a project involving transportation, public buildings, utilities, or other improvements deemed to serve the community. Even if only part of a property is taken, the remainder of the land may still be affected, reducing its usability or value.
2
Providing the Property Owner with Just Compensation
After the taking is initiated, the focus turns to determining what amount of money qualifies as “just compensation.” This should reflect the property’s fair market value as well as additional factors such as damage to any remaining property, interference with business operations, and, in some cases, the costs of relocating. While eminent domain law makes it clear that landowners must be compensated, government appraisals are often conservative and may not fully capture the property’s true worth.
If the property owner and the government cannot agree on a fair amount, the dispute moves to court, where a judge or jury will decide the value. For many landowners, this is where having experienced eminent domain legal representation becomes critical. Reputable eminent domain attorneys can challenge undervalued appraisals, present independent expert evaluations, and fight to ensure landowners receive the maximum compensation allowed under the law. Speak with a reputable eminent domain lawyer at Henson Fuerst for free to go over your options and legal rights.
How Do Courts Decide What Counts as “Just Compensation” in Eminent Domain?
Both the U.S. Constitution and the North Carolina Constitution protect property owners by requiring the government to pay fair value when land is taken for public use through eminent domain. But determining what is “fair” isn’t always straightforward. Appraisers and courts typically rely on three primary valuation methods:
-
Market or Comparable Sales Approach. This method looks at the prices of similar properties that have sold recently in the same or nearby area. To reach a valuation, factors such as lot size, shape, terrain, zoning rules, location, road access, availability of utilities, and any restrictions on use are weighed against the subject property.
-
Cost Approach. Here, the appraiser calculates the cost to rebuild or replace the improvements on the land, such as buildings or structures, after subtracting for depreciation. The land’s value is then added to produce an overall figure.
-
Income Capitalization Approach. For properties that generate rental income or business revenue, this method estimates the property’s worth based on its ability to produce future income. The income is capitalized into present value to establish a fair figure.
Across all three methods, one principle is fundamental: highest and best use. This concept means the property must be valued not just on how it is currently used, but on how it could reasonably and legally be used to generate the greatest economic return.
The American Institute of Real Estate Appraisers defines highest and best use as the “reasonably probable and legal utilization of vacant land or an improved property that is physically possible, properly supported, financially feasible, and results in the highest value.” In other words, appraisers must consider the property’s full potential, not just its present function, when determining just compensation.
Don’t Delay: Deadlines Apply
In Apex, North Carolina, you may have only 120 days to respond to a condemnation complaint. Failing to act quickly can mean forfeiting your right to challenge the compensation amount in your eminent domain case. Speak with a reputable eminent domain attorney at Henson Fuerst for free to learn more about your rights as a North Carolina property owner.
Protect Your Rights With a Trusted Land Condemnation Lawyer at Henson Fuerst
If your commercial property in Apex, NC is at risk of condemnation, it is critical to act quickly. The government will have a full team of attorneys, appraisers, and experts working to minimize what they must pay you. Facing them on your own can put your rights, your investment, and your future revenue in jeopardy.
At Henson Fuerst, our Apex eminent domain lawyers have decades of experience standing up to condemning authorities in Orange County and across North Carolina. We know the tactics government appraisers use to undervalue land, and we know how to challenge those numbers with evidence, expert testimony, and a comprehensive understanding of property valuation. Our goal is simple: to fight for the maximum compensation you are entitled to under the law.
When your property, business, or livelihood is on the line, you deserve more than a one-size-fits-all approach. Our North Carolina eminent domain lawyers treat every case with the individualized strategy it deserves, dedicating the time and resources necessary to pursue the best possible outcome. Whether through negotiation, mediation, or trial, an eminent domain attorney at our law firm is prepared to protect your rights every step of the way.
Don’t wait until deadlines pass or the government’s offer becomes final. Reach out today for a free case evaluation with one of our eminent domain attorneys. Contact Henson Fuerst to safeguard your property rights and secure the full and fair value of your Apex commercial property.
Stay Up-To-Date with the Eminent Domain Lawyers at Henson Fuerst
Our North Carolina condemnation attorneys strive to keep our community educated and informed about the latest trends and events regarding land condemnation and eminent domain. Browse our most recent blog posts here:
