Not Your Average North Carolina Land Condemnation Lawyers
Commercial land condemnation isn't your average case, and it warrants a greater-than-average approach. Unlike typical eminent domain, there are a lot of moving parts of your high-value property investment, such as driveway access, traffic circulation, parking, tenant impacts, signage, and zoning issues. These all require immediate attention and oversight from an attorney who concentrates on exactly these kinds of commercial cases.
Henson Fuerst Attorneys will take the time to get to know the unique intricacies of your specific case and then devote all the necessary resources to proving your case and obtaining the maximum damage compensation for your property.
Types of Specialized Clients That We Represent
Shopping & Strip Centers
Retail & Office Investments
Restaurants - National Chains & Local Owners
Industrial & Manufacturing Facilities
Commercial Property Developers
Residential Developers & Multi-Family Apartments
Billboard Owners & Companies
Cell Tower Providers or Lessors
Manufactures Home Communities & Developers
The case involved a 174-acre tract of land that was residential performance (RP) zoned and located with direct access to a two-lane highway. The highest and best use of the property was for residential development. In addition to the current direct taking, this case also involved Map Act constitutional taking claims.
Under both scenarios, the Department planned to take 40 acres of land in right of way and other easements. In addition, another 42 acres were left landlocked and inaccessible. Our client was left with approximately 93 acres after the planned roadway that could still be developed for residential purposes, or if rezoned, future industrial/commercial development.
The Department was represented by attorneys from both the Attorney General's office and numerous private law firms.The Department's initial offer to our client was $1,555,350. David Henson retained independent appraisers to determine applicable damages under the various direct condemnation and inverse condemnation claims that were involved in the case and who calculated a value significantly in excess of the Department's valuation. The case was resolved for $3,200,000, for more than double the initial offer.
This case involved two tracts of land, the first being a 7-acre tract of land on a two-lane highway zoned residential performance. Our attorneys, through retained experts, successfully argued the highest and best use of the property was for commercial development with reasonably probable rezoning to industrial transitional.
This zoning was consistent with that of nearby parcels of land. This part of the case involved both a direct condemnation claim as well as a Map Act claim. The second track involved a parcel of more than 100 acres which was intended for residential development, but which had some challenging wetland issues that complicated the case. This parcel only included a Map Act claim.
The initial offer from the Department in this was case for $282,250. The case was negotiated prior to the initiation of litigation against representatives of the Department for a total settlement of $1,900,000, or an increase of more than 573%.
This roadway-taking case involved multiple tracts of land including a residence, small industrial building, abandoned family homestead, a leased cell tower, and farmland. This case also involved direct and Map Act claims. The Department took the residence, cut through the existing farmland, and left a portion of the property landlocked. That portion of land could only be accessed through an adjoining family member's property.
The Department retained multiple experts in managing both claims. Under the Map Act claim, the Department offered a damages settlement of $87,000. Several years later, the Department provided additional damage reports which reflected approximately $781,000 in damages. Our attorneys ultimately resolved the matter for $1,725,000, for nearly twenty times more than the original offer.
Litigation, in this case, lasted more than 6 years, with the case defended by multiple lawyers from the NC Attorney General's office and private firms. The Department engaged multiple appraisers in the case, as did Henson Fuerst.
What Our Clients Have To Say
TIME IS OF THE Essence
Condemnation complaints are very time sensitive and must be acted upon promptly. If you don't communicate quickly and carefully, you could risk losing your land for government use and not contesting the damages paid. This is why hiring a trustworthy, reputable eminent domain attorney as soon as possible is vital in your land condemnation case.
If you are facing pending condemnation-or the seizure of your commercial property-don't let the government's team back you any further into a corner. Talk with the experienced eminent domain and land condemnation attorneys at Henson Fuerst who protect the rights of property owners, like you, across North Carolina.
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