NORTH CAROLINA’S FIRST CHOICE IN EMINENT DOMAIN REPRESENTATION

Trust our eminent domain lawyers to protect and defend your property rights.

LOCAL LAWYERS FOR YOUR COMMERCIAL CONDEMNATION NEEDS

The eminent domain law division of Henson Fuerst Attorneys specializes in high-stakes, high-value property condemnation cases. Such cases require considerable time, attention, and resources, so we are selective in the cases we choose to take on. Our condemnation lawyers have handled complex legal cases for over 45 years and will dedicate their undivided attention to your eminent domain case during this complex process.

New roads being built by construction vehicles
Digger on construction site
New highway under construction

Types of Specialized Clients We Represent

Our eminent domain attorneys’ expertise spans across various industries throughout North Carolina. We work closely with property owners of all kinds, 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
Construction workers building a road

We Get Results for Our Clients

Our dedication to providing the highest quality legal representation and making a difference for our clients is reflected in our reviews. Positive feedback is the highest compliment our firm can receive. We thank all of our clients who have voiced their satisfaction with our services and encourage more to share their experiences.

$1.9 MILLION FOR INDUSTRIAL DEVELOPMENT PROPERTY TAKING
REAL LIFE RESULTS

573% ABOVE THE INITIAL OFFER

Two tracts of land were being impacted by the Department of Transportation for a bypass project. The first parcel was a 7-acre tract of land on a two-lane highway zoned residential performance. Our eminent domain attorneys, through retained experts, successfully argued the best use of the property was for commercial development with reasonably probable rezoning to industrial transitional. This part of the case involved both a direct condemnation claim as well as a Map Act claim. The second tract 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 was for $282,250.

The case was negotiated prior to litigation for a total settlement of $1,900,000, an increase of more than 573%. **

Client Reviews

Christine L.
Supportive Throughout the Entire Process

Professional, knowledgeable, supportive and helpful throughout the DOT land negotiation process. I cannot say enough good things about Henson Fuerst.

Karyetta C.
Recommend This Firm To Everyone

Henson Fuerst is the best. David Henson handled my case with so much dignity, passion, and respect. I would recommend this firm to everyone.

Greg B.
Fantastic Team!

David and his team are fantastic! From day one, they hit the ground running and did not let up until my case was settled. Always attentive, detailed, great with followup, and happy to answer any questions I had. Overall, I highly recommend their services!

Elaine B.
Best Experience and Outcome

The best experience and outcome one could ever hope for. David Henson is so knowledgeable, kind and thorough and I couldn’t be more grateful.

Charles B.
Extremely Satisfied

Everyone I dealt with at Henson Fuerst was very professional, courteous, and empathetic concerning the nature of my case. I greatly appreciate all the hard work they put in to achieve the result they did, and I am extremely happy with the outcome. Thank you, Henson Fuerst, for a job very well-done.

Ash G.
Thank You For All That You Did For My Company

David Henson is an excellent attorney at Henson Fuerst for any land condemnation cases with DOT. I am impressed with his ability to handle the case and his knowledge to get the best result. David, thanks lot for all you did for my company to get best out of the case.

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WHY COMMERCIAL CASES ARE DIFFERENT

Your commercial land condemnation isn't your average case and warrants a greater-than-average approach. Unlike typical eminent domain claims, your high-value property investment has many moving parts, including driveway access, traffic circulation, parking, tenant impacts, signage, and zoning issues. These all require immediate attention and oversight from an experienced commercial property eminent domain lawyer.

Businesses, residential and commercial developers, and other high-value property owners are involved in high-stakes litigation when a condemnation occurs. In our experience, a law firm cannot adequately balance hundreds of both residential and commercial cases without compromising the outcome of one or the other. This is why we devote our complete focus to commercial land condemnation cases like yours.

How are Eminent Domain Lawyers Paid?

Our eminent domain lawyers work on a contingency basis meaning you don't pay any fee unless we win your case. Only then are we paid one-third of the amount that exceeds the government's initial offer. We do not get paid if you do not receive any additional compensation from the government for your property.

However, there are some exceptions. For example, in inverse condemnation cases, our attorneys sue the government for taking land without paying for it. In that case, the fee is usually a percentage of the total amount we recover.

Our Eminent Domain Team of Industry Experts

Eminent domain cases are unique and especially complex; land, business, economics, science, and law are all factored in, requiring several specialized approaches. It takes a comprehensive, well-rounded team of experts to successfully approach your land condemnation case and answer two critical questions: what is the value of your property before it is taken, and what would the value be after taking?

Our legal team at Henson Fuerst specially selects highly credentialed appraisers, real estate brokers, engineers, land planners, soil scientists, surveyors, hydrologists, and economists to help prove damages and back it up with facts. These experts are foundational building blocks to your case and will help us secure you the just compensation for your property that you deserve.

If you have received an appraisal offer, or an official opinion of your property’s worth from the government or any condemning authority, the eminent domain attorneys at Henson Fuerst will review it for free.

Get More Information About Eminent Domain and Property Rights

For more information about eminent domain and property rights, visit our FAQ page. If you’re a commercial property owner with any additional questions, contact us today for a free consultation.

OUR EMINENT DOMAIN ATTORNEYS CAN HELP YOU
GET A FREE APPRAISAL REVIEW

WE ARE HIGHLY RATED BY OUR CLIENTS

If you have received an appraisal offer, or an official opinion of your property's worth from the government or any condemning authority, the eminent domain attorneys at Henson Fuerst will review it for free

We have reviewed thousands of appraisals and know the tactics government appraisers use to minimize the value of your property. If you've been notified that your property is being condemned, it is in your best interest to seek an appraisal review before coming in contact with right-of-way agents or appraisers.

Frequently Asked Questions

What is eminent domain?

Eminent domain is a legal concept that refers to the government's legal right to take private property for public use, provided that the property owner receives just compensation.

The U.S. Constitution, specifically the Fifth Amendment, addresses the issue of eminent domain. The clause states: "Nor shall private property be taken for public use, without just compensation." This means that if the government needs to acquire private property for purposes such as building public infrastructure such as roads, schools, and government infrastructure, it can do so, but it must fairly compensate the property owner for the value of the property taken.

The eminent domain process typically involves the government initiating condemnation proceedings formally taking legal action to acquire the property. Property owners have the right to challenge the taking or negotiate the compensation amount in court. The goal is to balance the public's need for essential projects and the protection of private property rights.

Can I deny the government from taking my land?

Unfortunately, refusing eminent domain outright is not an option for property owners whose property is condemned by a government entity if it is for a public purpose. However, they can challenge the taking or negotiate the compensation amount in court with the guidance and representation of an eminent domain attorney.

Do I need a land condemnation lawyer?

If your property is being condemned by the government through eminent domain, it is essential to speak with a lawyer experienced in land condemnation and eminent domain law. These attorneys specialize in representing property owners facing government takings and can help ensure that your rights are protected throughout the process. A land condemnation lawyer will discuss the specifics of your case with you and give you personalized advice based on the laws in your jurisdiction.

Why should I trust Henson Fuerst with my eminent domain case?

At Henson Fuerst, we are well-versed in eminent domain law and pride ourselves on our individualized approach to each eminent domain case. We are selective with our eminent domain cases, giving us the time and opportunity to attend all appraisal inspections, communicate directly with our clients, coordinate a team-based approach to each case, and provide steadfast legal representation that makes our firm stand out.

What should I do if my property is condemned?

If you receive a condemnation complaint, do not face the government alone. They have their own legal team, and you should have yours. Contact a reputable eminent domain attorney at Henson Fuerst as soon as possible; you also must be aware of time limits and act swiftly to begin legal proceedings.

What is just compensation?

When the government seizes private property, the property owner is legally entitled to just compensation. Just compensation is the value for your property’s highest and best use. Often, landowners do not receive the maximum value for their property. At Henson Fuerst, we will fight alongside our team of experts to secure you just compensation for your property and protect your rights.

HENSON FUERST ATTORNEYS YOUR COMMERCIAL LAND CONDEMNATION TEAM

David Henson

Attorney

Owner and partner David Henson joined Henson Fuerst in 1998 to represent those individuals, businesses, and churches confronted with the possibility of losing their land to the government.

Chris Beacham

Attorney

Chris has years of experience litigating personal injury, civil rights, contract, construction, and multiple land condemnation cases in North Carolina State and Federal Courts.

Anne Duvoisin

Of Counsel

Anne joined Henson Fuerst in 2003 having litigated complex cases in courts across North Carolina. With nearly 40 years of experience, she focuses on land condemnation, land contamination, and similar related claims.