In the recent North Carolina Court of Appeals opinion of NC Department of Transportation v. Butmataji LLC, the court upheld the trial judge in a case where the court restricted an appraiser from testifying about lost income as a result of a temporary construction easement.
Instead, the court directed that for temporary construction easements the proper measure of damages is the rental value of the property taken during the period of actual temporary taking (analogous to a lease), rather than any lost business income that is incurred by the business operating on the property.
While frustrating for many businesses across the state who are severely impacted by temporary construction easements when the DOT or other municipalities are constructing or widening roads, their lawyers and appraisers must be mindful of the subtleties of those damages which are allowed in North Carolina.
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If your land, home, or business is affected by any type of land condemnation, call Henson Fuerst at 866-821-3146 for a FREE CONSULTATION. An experienced eminent domain and land condemnation lawyer will speak with you and answer all of your questions. At Henson Fuerst, we will explain your options, and stand with you every step of the way in fighting to protect your rights to the fair and just compensation you may deserve.
When you call, you will speak with one of our experienced North Carolina eminent domain and land condemnation attorneys absolutely FREE. Attorneys David Henson and Anne Fisher are committed to protecting the rights of property owners facing Land Condemnation.
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