Henson Fuerst Attorneys represent property owners across the United States who own investment property in North Carolina that is set to be impacted by the North Carolina Department of Transportation (NC DOT) or other local condemnor projects. A common question asked of us by NC property owners who live out of state is “Will I have to come to NC for you to handle the case?”. The short answer is: it depends. In many cases, no.
Our goal as eminent domain attorneys is to handle all aspects of the case on behalf of our clients, minimizing the need for them to travel to the state whenever possible. Once a client decides to retain our firm, we can handle all execution of the attorney retainer agreement and other documents by electronic signature or email. We also handle any pre-condemnation meetings with the Department of Transportation or municipality on behalf of our clients, and we report back once completed. Similarly, we attend all appraisal inspections — whether it is with a DOT appraiser, our own independent appraiser, or an expert — on behalf of our client.
For cases that go into litigation, at some point in the process, we will be required to participate in a mediated settlement conference (which is required of all cases in the North Carolina Superior Court). Fortunately, those mediations can now be handled by video (usually Zoom), with all parties, counsel, and the mediator appearing remotely.
Situations That May Require You to Travel to North Carolina
The only typical times that may require the physical presence of our client would be a hearing (in NC condemnation cases, that is under NC General Statute §136-108), or if we go to trial for determination by a jury of the damages owed. Some hearings and trials can be conducted without the client’s physical presence, but this decision is made on a case-by-case basis following thorough discussion with our client about the pros and cons.
Once a case resolves, either by settlement or verdict, all finalizing documents can be executed with our client in their home state. Many times, documents can be electronically signed, but others sometimes still require a “wet” or original signature.
Making the Eminent Domain Process Easier for Out-of-State Property Owners
Our goal as experienced condemnation lawyers is to minimize travel and expense wherever possible for our clients while aggressively holding the NC DOT and other condemning authorities accountable for paying full and fair compensation for property rights and interests that are taken. In many cases, we can completely avoid our clients having to travel to the state throughout the duration of a case, unless a hearing or trial is necessary.
Talk to a North Carolina Eminent Domain Lawyer Today
If you own property in North Carolina that’s facing condemnation but live out of state, our team is here to help. We work to make the process as smooth and stress-free as possible for every client—no matter where they live. For more than four decades, we’ve represented both in-state and out-of-state property owners, providing the knowledge and experience needed to protect their rights and secure fair compensation.
Contact us today for a free consultation with a North Carolina eminent domain lawyer at (919) 781-1107.