Condemnation & Eminent Domain Lawyers in Charlotte, NC | Charlotte Eminent Domain Attorneys
Trusted Eminent Domain Attorneys Safeguarding Property Owners’ Interests Across North Carolina
Facing a land condemnation complaint alone poses significant risks for commercial property owners. Eminent domain cases involving high-value commercial properties in Charlotte demand an outcome-oriented approach. With the government backed by its own legal team and experts, you should have an attorney by your side. At Henson Fuerst, our seasoned lawyers stand ready to represent commercial property owners against the government. If you require guidance with an eminent domain matter, contact us at 919-781-1107 or complete a free case evaluation form online.
Understanding Land Condemnation and Eminent Domain in North Carolina
Land condemnation is a complex legal procedure in which a government entity or individual, known as the "condemnor," exercises its authority under eminent domain to acquire private land for a public purpose, benefit, or use. This process is rooted in the principle that certain projects deemed essential for the public good, such as infrastructure development, urban renewal, or public utilities, may require the acquisition of private property.
For a land condemnation to be constitutionally valid, the condemnor must demonstrate that the intended project serves a legitimate public purpose. This requirement serves as a safeguard against arbitrary or unjustified takings of private property. The government entity or individual seeking to condemn the land must provide a clear justification for the proposed project, demonstrating its necessity and the benefits it will bring to the community at large.
Moreover, in addition to establishing the public purpose of the project, the condemnor must also ensure that the land or property owner is fairly compensated for their loss. This compensation is intended to reflect the true value of the property being taken, including any damages incurred as a result of the condemnation. Just compensation is a fundamental aspect of the eminent domain process, ensuring that property owners are not unduly burdened by the loss of their land or property rights.
Overall, understanding the process of land condemnation through eminent domain requires a nuanced grasp of both the legal framework governing the takings of private property and the principles of fairness and public interest. By upholding these principles, the eminent domain process seeks to balance the needs of the community with the rights of individual property owners, ensuring that the public good is served while protecting the rights and interests of those affected by land condemnation.
David Henson
Attorney
Anne Duvoisin
Of-Counsel
Chris Beacham
Attorney
Types of Clients We Represent in Charlotte, North Carolina
We advocate for commercial property owners of all kinds, 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
Our Eminent Domain Lawyers’ Fee Arrangement
Most of our condemnation cases are handled on a contingency fee basis, meaning we only receive payment if we secure compensation exceeding the initial offer from the government on your behalf. In such cases, our fee amounts to one-third of the surplus attained in resolving the case. For instance, if the Department of Transportation offers $150,000 for damages related to a property taking and we settle the case for $300,000 after litigation or trial proceedings, our attorney fee would be one-third of the additional amount acquired, totaling $50,000.
Depending on the specifics of your case, this fee structure may not be appropriate. In certain instances, we may represent landowners on an hourly basis. Our North Carolina condemnation lawyers will assist you in determining the most suitable approach.
Are There Any Exceptions to This Legal Fee Structure?
An exception to this arrangement occurs in inverse condemnation cases, where we litigate against the government for land seizure without proper compensation. In such cases, attorney fees are typically calculated as a percentage of the total recovery obtained by the eminent domain lawyer. In many North Carolina inverse condemnation cases, property owners may be entitled to reclaim attorney fees from the defendant. Additionally, in some land-taking cases, eminent domain lawyers and paralegals may operate on a flat hourly rate. Generally, the lawyer only handles specific aspects of your case with this type of arrangement.
Land Condemnation Attorney Case-Related Expenses
North Carolina-licensed eminent domain attorneys are required to carefully distinguish between expenses directly related to the case and their professional fees. This regulatory requirement serves several important functions, primarily aimed at maintaining transparency and integrity in legal representation. Adhering to this rule prevents attorneys from offering clients incentives that may influence their decision to retain legal services.
As part of our commitment to compliance and ethical practice, we meticulously document and monitor all expenses incurred throughout a case. These expenses include, but are not limited to, the costs associated with appraisals, expert witnesses, court filing fees, and any other out-of-pocket expenditures directly attributable to the legal proceedings.
It's important to note that certain internal expenses, such as mileage, phone calls, postage, transcription, or photocopies, are not separately billed to our clients. Instead, these expenses are integrated into our fee structure, ensuring that clients are not burdened with additional charges for routine administrative tasks or basic office operations. This approach ensures transparency and fairness in our billing practices while upholding our commitment
Time is Critical. Take Action Now.
You may have as little as 120 days to contest your eminent domain case. Once this time elapses, you may waive the legal right to seek additional compensation. If you've received a condemnation complaint in Charlotte, NC, promptly consult our North Carolina eminent domain attorneys at Henson Fuerst for your best chance at obtaining the just compensation you're entitled to by law.
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: