If Your Land is Being Taken by the Government, What Can a Lawyer Do for You?
A lawyer is your only real advocate and protection during a Land Condemnation case. While in most instances we can’t stop the taking from occurring, we can fight to make sure your rights are protected and you receive maximum amount of money for your land under the law.
Throughout the process, we do a number of things:
1. We deal directly with the Right of Way (Row) agent or the lawyers for the agency that is taking your land – In most cases involving the North Carolina Department of Transportation (NCDOT), this is a lawyer with the North Carolina attorney general’s office. This is an important function because all of the people on their side of the case are highly trained and skilled in handling nothing but land condemnation cases against land owners. They know the tricks of the trade, including how to convince landowners how to accept the least amount of money in the shortest amount of time.
2. We hire experts to prove the true value of your home, business property, or land, and to evaluate and explain what harm will be done to your property by the condemnation – In most cases, this involves retaining land condemnation appraisers to come in and appraise the value of your land considering its highest and best use. Other experts such as brokers, engineers and scientists may also be required to fully research and explain the harm to your property.
3. We negotiate with the Right of Way agent or attorney regarding the value of your property – During this process, we explain to you any offers that are made by the government and the pros and cons of accepting any offers at this stage in the process.
4. When we can’t agree on a fair value with the government, then we defend you and your interests in the court system – We will defend your rights all the way through, even through jury trial if necessary. We are on your side and work to obtain fair compensation for your land, not what the state or government says its worth, but what a jury says its worth.
5. In the case of an inverse condemnation claim, we can prosecute the claim on your behalf.
6. We coordinate with any lien holders or mortgage companies that are also involved with your land – For instance, if the property being taken has a large mortgage on it, then you can expect your bank to have lawyers there to make sure that their interest in your property is protected.
7. We thoroughly explain your rights and obligations under the law – This is your land, and we work for you. Our goal is to make sure you understand what’s going on at each stage of the process. We inform you of your legal alternatives and then help you execute on any decisions you make in your case.
If you have additional questions about your eminent domain land condemnation case, please give us a call at 919-781-1107 to speak with one of our experienced North Carolina Eminent Domain attorneys absolutely FREE.