Rocky Mount Eminent Domain Lawyer | Land Condemnation Attorneys
Dependable Eminent Domain Attorneys Defending Property Owners’ Interests Throughout North Carolina
Facing a land condemnation complaint in Rocky Mount, NC, involves significant risks for commercial property owners, making it essential to have legal representation. Eminent domain cases involving high-value commercial properties are complex and demand a results-oriented strategy, unlike typical cases. The government employs its own legal team and experts, so having our experienced lawyers on your side is crucial to advocate for the just compensation you’re entitled to by law. For assistance with your eminent domain case, call 919-781-1107 or fill out our free case evaluation form online.
David Henson
Attorney
Anne Duvoisin
Of-Counsel
Chris Beacham
Attorney
About Our Eminent Domain Practice
Our eminent domain practice at Henson Fuerst Attorneys operates as a specialized division dedicated exclusively to handling commercial property cases. We are selective about the condemnation cases we take on due to the specific legal and practical requirements involved. By focusing our efforts on a limited number of cases, we ensure that each receives the attention and resources required.
When you choose our eminent domain team in Rocky Mount for your case, you can be confident that we will provide personalized, dedicated service. We invest time in understanding the unique aspects of your situation and collaborate as a cohesive team to leverage our collective experience against government entities. Our successful track record underscores our commitment to achieving favorable client outcomes. If you are dealing with land condemnation issues, contact us to explore how we can assist you.
Types of Clients Our Lawyers Represent in Rocky Mount, North Carolina
Our lawyers represent commercial property owners of various sizes and industries, 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 Our Fee Structure
Our condemnation attorneys generally work on a contingency fee basis. This means we are compensated only if we secure a higher amount than the government's initial offer. Our fee is one-third of the additional compensation we obtain on your behalf.
For example, if the Department of Transportation offers $150,000 for your property and we negotiate a settlement of $300,000, our fee would be one-third of the extra $150,000, amounting to $50,000.
In certain cases, this fee arrangement might not be suitable. In some instances, we may charge by the hour. Our North Carolina condemnation lawyers will advise you on your case's most appropriate fee structure.
Exceptions to the Fee Structure
There are exceptions, particularly in inverse condemnation cases where we challenge the government for land seizure without providing adequate compensation. In these situations, attorney fees are usually a percentage of the total recovery achieved. Property owners might also be able to recover attorney fees from the defendant in many inverse condemnation cases.
Additionally, in some land-taking cases, we may charge a flat hourly rate for services our lawyers and paralegals provide, with the lawyer working on specific parts of the case.
Case-Related Expenses
North Carolina law requires a clear distinction between attorney fees and case-related expenses. This prevents lawyers from giving clients incentives to retain their services. We track all case-related expenses carefully, including appraisals, expert witnesses, court fees, and other costs. However, internal expenses such as mileage, phone calls, postage, transcription, and photocopies are covered by our fees and not billed separately.
The Eminent Domain Process
You can think of the eminent domain process as having two main parts:
1
The Taking of the Property
The first stage involves the government or a condemning authority notifying affected parties of the taking. In most eminent domain cases, the condemning authority must demonstrate that the taking is for a public purpose, such as infrastructure development, public utilities, or urban renewal.
2
Providing the Property Owner with Just Compensation
The second stage revolves around determining fair compensation for the property owner whose land is being taken according to state and federal law. The U.S. Constitution's Fifth Amendment mandates that private property cannot be taken for public use without just compensation. However, what constitutes "just compensation" in eminent domain can vary. It may include factors such as the property's fair market value, damages to any remaining property, relocation costs, loss of business or rental income, and other considerations.
Typically, both parties engage in negotiations to settle. If an agreement cannot be reached, the matter may proceed to court, where a judge or jury will decide on the appropriate compensation amount based on evidence and expert testimony presented by both sides.
How is “Just Compensation” Calculated in an Eminent Domain Case?
Under both the U.S. and North Carolina Constitutions, when the government takes land, the property owner is entitled to fair compensation for the property. This compensation is generally determined using one of three main methods:
Market or Comparable Sales Method
This method involves comparing the property in question with recently sold similar properties. Factors considered include the property’s physical attributes (size, shape, and topography), zoning laws, sale conditions, financing terms, location, utility access, and legal constraints.
Cost Method
The cost method evaluates the expenses necessary to reproduce or replace the improvements on the property, adjusted for depreciation, plus the value of the land itself.
Income Capitalization Method
The income capitalization method calculates the property’s value based on its potential to generate income, using a capitalization rate to determine its worth.
It’s crucial to assess the property based on its highest and best use in all these methods. According to the American Institute of Real Estate Appraisers in The Appraisal of Real Estate (9th ed. 1987), "highest and best use" refers to the most probable and lawful use of the land or property that is physically feasible, supported by the market, financially viable, and results in the highest value.
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: