Eminent Domain Lawyer Cary, NC | Cary Eminent Domain & Condemnation Attorney

When you need an experienced eminent domain lawyer in Cary to represent you, trust Henson Fuerst to help

With over 45 years of experience, our Cary eminent domain lawyers have advocated for countless commercial property owners with a proven track record of success. When confronted with eminent domain issues, rely on Henson Fuerst for help.

We’re Committed to Representing Property Owners Across North Carolina

At Henson Fuerst, we understand that your land is not just property—it's a significant investment and a vital part of your portfolio. With over 45 years of experience, our eminent domain attorneys in Cary have a proven track record of successfully advocating for commercial property owners. We recognize the complexities and challenges that arise when facing eminent domain issues, and we are dedicated to navigating these intricacies on your behalf.

Our commitment to maximizing your land’s value means that we will diligently analyze every aspect of your case, employing strategic legal tactics to ensure you receive fair compensation. Whether you’re dealing with a government acquisition, a condemnation complaint, or any other eminent domain matter, our knowledgeable team is here to provide you with the legal support you need.

Choosing Henson Fuerst means partnering with a firm that not only understands the legal landscape but also genuinely cares about your situation. We take the time to listen to your concerns and tailor our approach to meet your specific needs. With our extensive experience and resources, you can trust that we will work tirelessly to protect your rights and secure the best possible outcome for your property.

When you need reliable and effective representation in eminent domain cases, let us be your advocate in this challenging process. We will fight to maximize the compensation you receive for your land and dedicate all necessary resources to achieve this. Contact us today to learn more about how we can assist you.

Respected Eminent Domain Lawyers Defending Property Owners’ Rights Throughout North Carolina

Land condemnation issues in Cary, NC, can be daunting for commercial property owners. These cases often involve significant stakes and require a specialized approach. With the government employing its attorneys and experts, having legal representation is crucial. At Henson Fuerst, our experienced lawyers are dedicated to standing up for commercial property owners against government actions. If you need help with an eminent domain situation, call us at 919-781-1107 or complete our online form for a complimentary case evaluation.

NC Land Lawyers Attorneys Photo

David Henson

Attorney

Anne Duvoisin

Of-Counsel

Chris Beacham

Attorney

Clients We Serve in Cary, North Carolina

Our legal team represents a diverse array of commercial property owners, 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

Understanding Land Condemnation Through Eminent Domain

Land condemnation is the process by which a government entity or individual (the "condemnor") acquires private land for public use, leveraging the power of eminent domain. For this process to be constitutional, the condemnor must prove the project serves a public purpose and compensate the property owner fairly.

Understanding Our Fee Structure

Most of our condemnation cases are handled on a contingency fee basis, meaning our payment depends on securing a compensation amount that exceeds the initial government offer. We only receive fees if we obtain additional compensation on your behalf, which would be one-third of the surplus.

For example, if the Department of Transportation proposes $150,000 for your property, but we negotiate a settlement of $300,000, our fee would be one-third of the extra $150,000, equaling $50,000.

However, this fee structure might not be suitable for every situation. In some cases, we may charge an hourly rate. Our attorneys will help you decide on the best approach for your case.

Are There Exceptions to This Fee Arrangement?

Yes, in inverse condemnation cases, where we challenge the government for seizing land without fair compensation, our fees are usually a percentage of the total recovery amount. Property owners may also be eligible to recover attorney fees from the government in many inverse condemnation cases.

Additionally, in certain situations involving land acquisition, we might operate on a flat hourly rate, typically for specific aspects of your case.

Case-Related Expenses

Our North Carolina eminent domain attorneys are required to clearly differentiate between legal fees and case-related expenses. This regulation is designed to prevent conflicts of interest. We meticulously track all case-specific expenses throughout the process, such as appraisals, expert witnesses, and court fees. Internal costs, such as phone calls or photocopies, are included in our fee structure and are not charged separately to clients.

Understanding Land Condemnation Through Eminent Domain

Land condemnation is the process by which a government entity or individual (the "condemnor") acquires private land for public use, leveraging the power of eminent domain. For this process to be constitutional, the condemnor must prove the project serves a public purpose and compensate the property owner fairly.

How is “Just Compensation” Established in Eminent Domain Cases?

According to both the U.S. and North Carolina Constitutions, property owners are entitled to fair compensation when the government acquires their land. This compensation is usually determined using one of three methods:

  1. Market or Comparable Sales Approach: This method involves comparing your property to similar properties that have recently sold, taking into account various factors such as size, location, and zoning regulations.
  2. Cost Approach: This evaluates the costs associated with replacing or reproducing the property’s improvements, accounting for depreciation and land value.
  3. Income Capitalization Approach: This approach considers the property’s potential income-generating capacity to establish its value.

In each case, assessing the land based on its highest and best use is crucial.

The “highest and best use” concept refers to the most likely legal utilization of the property that would yield the greatest value, considering factors such as feasibility and financial viability.

Complimentary Appraisal Review from Henson Fuerst’s Condemnation Attorneys

If you’ve received an appraisal offer from a condemning authority—such as a municipality, utility provider, or the North Carolina Department of Transportation (NCDOT)—our team at Henson Fuerst is ready to review it at no cost to you. With no strings attached, our experienced attorneys will share insights from our extensive history of representing landowners throughout Cary and North Carolina.

Our eminent domain lawyers are knowledgeable about government appraisers' strategies to undervalue properties and minimize compensation for landowners. If you’ve received an appraisal offer, we will analyze it for free, discuss its methodology, and identify any inaccuracies or undervaluations. Contact us for your complimentary appraisal review today.

Highway construction near a big city

The Eminent Domain Process

The eminent domain process typically consists of two main components:

1

Property Acquisition

The initial phase involves the government notifying affected parties of the property acquisition. The condemning authority must justify that the acquisition serves a public purpose, such as infrastructure development or urban renewal.

Bulldozer
Two people reviewing a contract

2

Compensation for the Owner

The second phase focuses on determining the fair compensation owed to the property owner based on state and federal law. The Fifth Amendment of the U.S. Constitution ensures that private property cannot be taken without just compensation. However, the definition of "just compensation" can vary and may include fair market value, damages to remaining property, relocation costs, and more.

Typically, both parties will negotiate a settlement. If an agreement cannot be reached, the issue may go to court, where a judge or jury will determine the appropriate compensation based on presented evidence and expert testimony.

Strategies Used by Condemnor Appraisers

Government appraisers may try to challenge your damage assessments by:

01

Omitting improvement values in their analyses.

02

Using outdated or geographically irrelevant property comparisons.

03

Over-adjusting or under-adjusting comparables to lower valuations.

04

Ignoring the Highest and Best Use (HBU) of your property.

05

Neglecting potential rezoning opportunities.

06

Failing to assess the full impact of utility easements and construction access.

Road Construction and worker

Time is of the Essence

You may have a limited timeframe, often as short as 120 days, to contest your eminent domain case. If this period lapses, you could forfeit your right to seek additional compensation. If you’ve received a condemnation notice in Cary, NC, consult with our eminent domain attorneys at Henson Fuerst promptly for the best chance at obtaining the compensation you deserve.

Contact us today by filling out the form below or calling us at 919-781-1107 for a free, no-obligation legal consultation.

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: